This translation is a service provided by Perseus and was created using artificial intelligence. The German version is legally binding.

General Terms and Conditions of Perseus Technologies GmbH

Perseus Technologies GmbH (hereinafter: “Perseus”) offers services in connection with the security of information and communication technologies and systems and their use in companies (so-called “cyber security”). These services include, among other things, those for analyzing and evaluating the level of cyber security of companies as well as preventive consulting and training services to increase it, the use of software-based cyber security technology for real-time monitoring and defense, as well as consulting and coordination or management services in the event of a cyber attack and the resulting disadvantages. This range of services and the services covered by it are also referred to collectively as the “Perseus Cybersecurity Service” (hereinafter: “PCSS”).

These General Terms and Conditions (hereinafter “GTC”) apply to the offer and provision of the PCSS, the conclusion and execution of related contracts and the contractual and business relationships existing in this respect between Perseus and its relevant contractual and business partners (hereinafter uniformly referred to as “Customers”).

Basic principles; validity and amendment of these GTC

1.1 Perseus shall provide services exclusively on the basis of these GTC in conjunction with the Perseus service offer on which the respective contract is based. By booking a service within the meaning of these GTC, the customer agrees to the validity of these GTC in the version valid at the time of the customer’s declaration of intent to conclude a contract with Perseus (see also clause 2 of these GTC; hereinafter regularly referred to as “booking”).

If an offer from Perseus contains provisions that conflict with provisions in these GTC, the provisions in the offer shall take precedence in cases of doubt. Any other agreements on the basis of which the provisions of these GTC are to be deviated from shall be recorded in writing.

1.2 The services offered by Perseus are aimed exclusively at entrepreneurs and companies within the meaning of Section 14 of the German Civil Code (BGB), i.e. exclusively at natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction with Perseus in this respect, are acting in the exercise of their commercial or independent professional activity (hereinafter uniformly referred to as “companies”). By making a booking, the customer declares that he is making the booking as a company.

1.3 These GTC shall apply to the entire business relationship between Perseus and its customers, insofar as the subject of this business relationship is the PCSS. In this respect, these GTC in their current version shall also apply to future bookings, even if Perseus does not expressly refer to them again and the GTC are not expressly included again in the contractual relationship in question. This applies in particular to extensions or renewals of bookings already made and to subsequent or follow-up bookings (e.g. so-called “re-checks” following an initial security check by Perseus).

1.4 Conflicting or deviating general terms and conditions of the customer shall only be included in a contract between Perseus and the customer if this has been expressly confirmed by Perseus in writing. If the customer’s general terms and conditions are effectively incorporated in this way, the continued validity of these GTC shall remain unaffected. Insofar as provisions of the customer’s general terms and conditions effectively incorporated contradict provisions of these GTC, the provisions of these GTC shall apply in case of doubt.

In all other respects, the customer’s general terms and conditions shall not be binding on Perseus, even if Perseus does not expressly object to their validity or the customer declares that it only wishes to perform a contract subject to its general terms and conditions.

1.5 For the purposes of these GTC and the legal relationships relating to the services provided by Perseus, a distinction shall be made between customers and “users” where necessary:

A customer is a party to a contract with Perseus under which the respective exchange relationship, in particular the corresponding obligation(s) of Perseus to perform and the corresponding counter-performance obligation of the contractual partner, is established with regard to the services or the range of services offered by Perseus. A user is anyone who, on the basis of such a contract, is entitled to use the contractual services of Perseus – in addition to the customer, if applicable – or is involved on the customer’s side in the provision and receipt of these services without himself being a party to the underlying contract with Perseus.

Users are regularly, but not necessarily, natural persons, in particular employees of the respective customer, who are involved in the provision and receipt of the contractual services of Perseus as agreed on the basis of a corresponding legal relationship with the customer. In addition, customers of a customer of Perseus may also merely be users within the meaning of these GTC; this applies in particular in the context of cooperation between Perseus and so-called “partner companies”, on the basis of which customers of the partner companies are entitled to use and utilize certain services or service modules of the PCSS and can register with Perseus for this purpose without themselves being customers of Perseus within the meaning of these GTC (hereinafter referred to as “partner models”).

Provisions of these GTC that are aimed at or refer to users always also apply to customers.

1.6 Perseus reserves the right to amend or supplement these GTC with effect for the future. If the subject matter of the contract is the permanent/repeated provision of services and an amendment to these GTC is to come into force during the term agreed in this respect, Perseus shall inform the customer of the new version of these GTC and the date from which it is to apply by means of a notification of amendment in text form. If the customer does not object to the inclusion of the amended GTC in these cases within two weeks of receipt of the notification of amendment, but at the latest by the date on which the amendments are to come into force, they shall be included in the contract concluded for the services concerned with effect for the future.

If the customer objects to the inclusion of the amendments in due time, Perseus shall be entitled to terminate the relevant contract with effect from the date on which the amended GTC are to enter into force in accordance with the notification of amendment. Payments already made by the customer shall be refunded to the extent that the scope of the relevant services up to the time of termination as a result of the termination by Perseus is less than that which would have been available to the customer as agreed up to the end of the current term at that time.

If the subject matter of the contract is the provision of a one-off service aimed at a specific result (in the sense of a work service pursuant to Section 631 BGB, e.g. the performance of an analysis and evaluation of the cyber security level on the part of the customer or a user group/a user company, so-called “security baseline check” and any subsequent so-called “re-checks”), these GTC shall apply in the version valid at the time of booking the service in question, irrespective of any changes made in the meantime.

Conclusion of contract, registration, establishment of user relationships, user accounts

2.1 Insofar as a contract between Perseus and a customer is not concluded by way of the mutual signing or signature of a contractual document (in written, electronic or other agreed form), a contract between the customer and Perseus shall be concluded by the customer making a binding booking for the relevant service(s) from Perseus using the function made available to the customer for this purpose in connection with the presentation and offer of the service(s) within the scope of the PCSS online presence. Insofar as Perseus provides a booking function there in relation to the respective service, the service offer within the framework of the PCSS online presence is therefore an offer by Perseus to conclude a corresponding contract, which the customer accepts with the binding booking of the service in question. Following an effective booking, the customer shall be sent a confirmation of the booking and, if necessary, information and functions relating to his registration or that of the relevant users for the relevant PCSS.

2.2 Insofar as services are the subject matter of the contract which are provided or utilized via the PCSS online presence, the utilization of such services requires the registration of the respective user by means of the registration function provided to the customer for this purpose within the framework of the PCSS online presence. With the registration of a user, a user relationship is established between the user and Perseus in accordance with these GTC, on the basis of which the user is obliged in particular to comply with the conditions of Perseus for the use and utilization of the relevant services of Perseus, the “Terms of Use for the Perseus Cybersecurity Service” of Perseus (hereinafter “Terms of Use”) (see also Section 5 of these GTC). The Terms of Use are an integral part of every contract between the customer and Perseus.

In these cases, a user account shall be set up for each customer and for each user group or user company of partner models, to which at least one user on the part of the customer or user group/user company in question shall have access as administrator to the account settings and the administration of the available services and, if agreed, the possibility of activating further users for the available services.

2.3 If Perseus offers to procure third-party service providers from Perseus’ cooperation network for the Customer – e.g. in the course of providing consulting and coordination or management services in the event of a cyber-attack – for the use of services that go beyond those offered directly by Perseus, the Customer shall conclude any contracts concluded with such third-party service providers as a result thereof in its own name and for its own account; Perseus shall not be involved in such contractual relationships, nor in their conclusion. Descriptions and/or conditions that Perseus may make available to the customer in relation to such third-party service providers and the services offered by them are provided solely for the customer’s preliminary information and are non-binding with regard to any contracts between the customer and the respective partner company or third-party service provider. In this respect, only the service descriptions and contractual conditions of the respective third-party service provider at the time of the conclusion of the contract between the latter and the customer are authoritative.

Services and obligations of Perseus

3.1 Unless otherwise agreed, the content and scope of the Perseus services covered by a usage model and individual PCSS service modules shall be based on their presentation and description on the PCSS online presence at the time of booking the relevant services.

If no detailed provisions have been made in this respect, Perseus shall be free to determine the type of services suitable for achieving the agreed purpose or, if no agreements have been made in this respect, the purpose recognizably pursued by the customer with the booking on the basis of the relevant service description, and, in particular, the manner in which they are provided at its due discretion.

3.2 If the services to be provided by Perseus include the sending of test phishing e-mails, it should be noted that in order to fulfill their purpose of evaluation and training with regard to the cyber security of the customer or the relevant user company and thus Perseus’ obligation to perform in this respect, they (must) come as close as possible to actual phishing e-mails in their design. For this purpose, as is a widespread method of actual “phishing”, the test phishing e-mails also imitate the names or companies and identifiers of existing companies and institutions. As the test phishing emails are sent solely for the aforementioned purpose and exclusively within the relevant user groups, this does not constitute the use of the names, companies and trademarks in question or the actual usurpation of such names, companies and trademarks.

3.3 Even if a partner company whose customers are entitled to use the services of the PCSS in the form of partner models as users on the basis of an agreement concluded between the partner company and Perseus in this respect is an insurer, the services provided by Perseus to the partner company’s customers in this respect are expressly not insurance or insurance benefits.

3.4 The customer acknowledges that a temporally and technically unlimited availability of the PCSS and the services offered within its framework, insofar as these are provided and / or utilized using Internet technology and infrastructure, is technically and factually not feasible and therefore cannot be guaranteed. In particular, the degree of availability and functionality of the Internet and the Internet access of customers and users and their capacity requirements are beyond the control of Perseus. To this extent, this also includes the functionality and effectiveness of other third-party technologies that Perseus may use to provide services.

Accordingly, Perseus shall take reasonable, technically feasible and state-of-the-art measures that are proportionate to the effort required to provide the PCSS and the services offered as part of it as comprehensively as possible. Against this background and in accordance with this provision, Perseus can nevertheless not guarantee that the PCSS and the services covered by it will be available and utilized at all times and/or without interruption.

Customers and users will be informed of unforeseen system failures in an appropriate manner. Where possible and reasonable, maintenance work shall be carried out outside normal business hours. If this is not possible and if the nature and / or scope of such maintenance work exceeds a reasonable level, Perseus shall inform the customers and users accordingly in good time in advance.

3.5 The customer is further advised that, according to the current state of the art, it is not possible to set up, operate and use information and communication systems connected to public networks that are always error-free and, above all, immune to interference or damage by third parties; cyber attacks are developed and, in particular, continuously developed in technical and strategic terms with the aim of penetrating information systems undetected by overcoming or undermining precautionary and security measures taken in this regard. In addition, the quality and (resulting) effectiveness of measures to detect and defend against cyber attacks is naturally also dependent on the appropriate actions of the relevant employees on the customer’s side; in particular, the effectiveness of preventive consulting and training services provided by Perseus is largely dependent on the learning success and implementation of what has been taught on the customer’s side.

In particular with regard to Perseus’ preventive consulting and training services to increase the customer’s cyber security as well as such services of Perseus that include real-time monitoring and defense with regard to the systems and structures operated and used by the customer and the cyber attacks directed against them, Perseus therefore does not owe any success in the sense of such absolute protection of the customer’s information and communication systems concerned.

3.6 Unless expressly agreed otherwise in individual cases, the services to be provided and rendered by Perseus shall not include legal advice.

3.7 If Perseus offers the procurement of third-party service providers from the Perseus cooperation network, Perseus shall not be obliged to offer a certain number of third-party service providers or certain types of third-party services, nor shall Perseus be obliged to offer the customer a certain scope of choice in this respect. Since the customer concludes any contracts with such third-party service providers in its own name and for its own account, the services provided to the customer by such third-party service providers shall also be the customer’s own services and not those of Perseus.

If the third-party service provider indicates a need in this respect and the customer gives its consent, Perseus shall provide a third-party service provider commissioned by the customer with the IT technical reports on the cyber security situation and, if such an attack has occurred, the specific cyber attack or other cyber security incident on the part of the customer, which were prepared by Perseus in the course of providing the agreed services to the customer.

3.8 Perseus shall be entitled to further develop and adapt individual agreed services insofar as such changes become necessary after conclusion of the contract for the performance of the contract and are reasonable for the customer. This shall apply in particular to such changes as Perseus is obliged to make due to legal changes or judicial or official decisions, as well as to such changes that are necessary to close existing security gaps, that are merely beneficial to the customer and users or if such changes are of a purely technical or procedural nature and have no material impact on the content and scope of the services owed by Perseus or on the customer and users. Perseus shall inform the customer immediately of any such necessary changes to the services.

Should a change in the services of Perseus become necessary which leads to a significant restriction of the agreed scope of services or a significant change in the agreed content of services which is not reasonable for the customer, the customer shall be entitled, without prejudice to any alternative or additional rights to which it may be entitled in such a case under these GTC, to terminate the relevant contractual relationship extraordinarily within one month of receipt of the corresponding notification of change with effect from the date on which the change in services occurs.

Perseus shall be entitled to change or discontinue services that Perseus offers free of charge in addition to/supplementary to agreed services at any time.

3.9 If the customer fails to provide Perseus with information and data required for the provision of the services incumbent on Perseus on the basis of a booking as agreed or fails to provide other agreed cooperation or cooperation legitimately requested by Perseus, Perseus shall not be liable for any damage or other disadvantages resulting from a delay in the provision of services caused by this. Such a delay shall entitle Perseus to withhold or suspend performance for the duration of the delay.

3.10 In the event of significant or repeated breaches of the obligations incumbent on the customer under these GTC and the Terms of Use for which the customer is responsible, Perseus shall be entitled to suspend the provision of individual services affected by the breach of duty or the provision of services to the user(s) concerned and to exclude them from further use of the services of Perseus (blocking of one or more users). Any right to which Perseus may be entitled in such cases to terminate the underlying contract prematurely as a whole shall remain unaffected by this provision. (see also section 7.2 of these GTC)

3.11 In the event of force majeure or other unforeseeable events whose effects on the performance of the contract are not attributable to Perseus (e.g. strike, power failure, unrest or official measures for which Perseus is not responsible, general disruptions to telecommunications and data networks, failure of third-party services required for the performance of the order for which Perseus is not responsible), Perseus shall be released from the relevant performance obligation for the duration of the resulting hindrance plus a reasonable start-up period after its cessation. Should adherence to the contract in such cases constitute an unreasonable hardship for Perseus, Perseus shall be entitled to withdraw from the contract.

3.12 Perseus shall be entitled to use the services and technologies of third-party companies and service providers to fulfill the performance obligations incumbent on Perseus on the basis of a booking.

Warranty

4.1 Perseus does not assume any warranty for the properties and quality of third-party service providers offered for brokerage (see in particular Section 2.4 of these GTC) and their services beyond the provisions applicable in these cases pursuant to Section 8 of these GTC.

4.2 The customer shall not be entitled to claims for rectification of defects in the event of only insignificant deviation from the quality owed and in the event of only insignificant impairment of the usability of the services provided. The same shall apply to defects which are based on information or data provided by the customer or on specifications of the customer or on the fact that the customer has not provided or transmitted such information or data to Perseus in breach of duty.

4.3 The customer shall lose any rights arising from liability for defects if it changes or has changed the relevant service or the relevant service result or its systems and infrastructure and other company or operating components in relation to which the relevant services are to be provided by Perseus without the prior consent of Perseus and this makes it impossible or unreasonably difficult for Perseus to remedy the defect. In any case of a change to the relevant service made without Perseus’s consent, the customer shall reimburse Perseus for any additional expenses incurred in remedying the defect.

4.4 If a service provided by Perseus is defective in accordance with the above and the customer is entitled to warranty claims in this respect, Perseus shall remedy the relevant defects within a reasonable period of time by subsequent performance.

If a remedy of defects fails or requires a disproportionate effort, in particular financially, or if it is not reasonable for Perseus for other reasons, the customer shall be entitled to reduce the agreed remuneration for the relevant service appropriately or to withdraw from the relevant booking in accordance with the statutory provisions and to claim damages in accordance with the provisions set out in Section 8 of these GTC. The statutory cases of the dispensability of a prior request for supplementary performance remain unaffected by this.

Likewise, any claims for payment already accrued by Perseus for services rendered at the time of the customer’s withdrawal shall remain unaffected by the withdrawal.

4.5 Unless shorter periods are provided for by law in this respect, warranty claims of the customer due to a defect shall become statute-barred within one year from the provision of the relevant service or, if the relevant services were provided or made available on a permanent or continuous basis, from the end of the respective contract term. This shall not apply to claims for damages by the customer due to a defect if Perseus has acted with intent or gross negligence or was aware of the defect at the time the service was provided or in the event of injury to life, limb or health as a result of such a defect.

Duties, obligations and responsibilities of the customer and users

5.1 The use of the PCSS and the respective services offered by Perseus within the scope thereof shall be subject to the Terms of Use, the current version of which is available at the domain https://www.perseus.de/nutzungsbedingungen/ as well as within the scope of each user account by means of a link and which are an integral part of every contract between the customer and Perseus.

5.2 The customer shall provide Perseus with all information and data (e.g. information about the customer’s IT infrastructure, contact data, access data, (domain) names and the like) that may be required for the performance of the contract in full, correctly and free of charge. Should Perseus be held liable as a result of the use of such data and information due to its incompleteness or inaccuracy, the customer shall be obliged to indemnify Perseus against any liability in this respect and to reimburse all resulting damages and necessary costs, including any necessary legal fees.

5.3 The customer shall be solely responsible for ensuring that the use of the services provided by Perseus to the customer and the users on the customer’s side complies with the Terms of Use and the relevant statutory provisions.

In particular, the customer shall be solely responsible for safeguarding the legitimate interests of its employees and other persons who may be affected by the collection and processing of data in the context of and as a result of the use of Perseus’ services. In this respect, it shall be the sole responsibility of the customer to inform the persons concerned to the extent necessary and to obtain any necessary consent from them in this respect.

The customer shall indemnify and hold Perseus harmless against all claims that may be asserted against Perseus by its employees or other persons due to the collection and processing of data relating to them in the context of the use of Perseus’ services by the customer or the customer’s users. The obligation to indemnify shall also include the reimbursement of any necessary legal defense costs.

5.4 Unless expressly agreed otherwise in individual cases, the customer shall be responsible for backing up its own data. The customer must counteract the risk of data loss as a result of system failures or interventions by regularly backing up its own data.

5.5 In the course of using the PCSS, the customer and the users may gain knowledge of Perseus’ proprietary information requiring confidentiality, in particular with regard to experience, procedures, processes, technologies, software, developments, business ideas and plans as well as know-how in connection with Perseus’ current and, if applicable, future service offerings and business activities. This also applies in particular to the form, content and execution of the sending of test phishing e-mails in the course of the provision of services by Perseus for evaluation and training purposes. Such information shall be regarded as confidential information and shall be treated as such by the customer, unless it is not

– are demonstrably lawfully publicly accessible without breach of a confidentiality obligation or become so at a later date;

– can be proven to have come into the possession of the customer or a user lawfully from a source other than Perseus without breach of a confidentiality obligation,

– were demonstrably already lawfully known to the customer prior to obtaining knowledge in connection with the services offered by Perseus,

– were demonstrably developed by or for the customer or a user without using the confidential information,

– became known or generally accessible to the public after the customer or a user became aware of it, without the customer being responsible for this, or

– is demonstrably required to be disclosed by the Customer or a User pursuant to a valid order of a court or governmental authority; however, in such event, the Customer or such User shall provide Perseus with written notice of such requirement prior to disclosing such information and, to the extent possible under applicable procedural rules, provide Perseus with an opportunity to object to such disclosure.

The customer and the users shall be obliged to keep Perseus’ information which is to be regarded as confidential secret and not to disclose it either directly or through third parties. They are obliged to take the necessary precautions to prevent third parties from gaining unauthorized knowledge of this information.

In particular, the customer and the users may not disclose the confidential information to any third parties unless these are persons employed by them or persons professionally bound to secrecy who require access to and knowledge of the confidential information concerned for the purpose of performing the contract in accordance with the agreement or to safeguard the legitimate interests of the customer or the users. Such third parties shall be obliged to maintain confidentiality in the same manner and to the same extent before the confidential information is made available to them.

Furthermore, the customer and the users shall only be permitted to use the confidential information to the extent that this is necessary for the purpose of performing the relevant contract or user relationship. In particular, the customer and the users are prohibited from using this information for other business purposes of the customer, the users or third parties without the express prior consent of Perseus.

Prices and terms of payment

6.1 Unless expressly stated otherwise, all prices quoted in relation to the services provided by Perseus under the PCSS are exclusive of the applicable statutory value added tax and all other taxes and duties that may be incurred.

6.2 Unless otherwise specified or agreed, the fee for fee-based usage models and service modules shall be due for payment in advance immediately upon registration for the relevant usage model/service module or, in the event of an extension of the term of a usage model/service module involving the repeated or permanent provision of services by Perseus, upon invoicing.

6.3 The timeliness of payments shall be determined by the time of their receipt by Perseus. The customer shall be in default with a payment owed if it is not received by Perseus within two (2) weeks of proper invoicing.

6.4 Perseus reserves the right to increase the fee for fee-based usage models and service modules that involve the repeated or permanent provision of services by Perseus and thus have a fixed term (see also clause 7 of these GTC) once a calendar year to a reasonable extent in the event of any cost and/or price increases that have occurred since the conclusion of the relevant contract. In this case, Perseus shall inform the customers concerned accordingly at least six weeks before the beginning of the month from which the price increase is to apply. If a customer does not agree with an announced price increase, it may object to the price increase in writing or in text form, i.e. by e-mail, to Perseus no later than three weeks before the price increase comes into effect. Such an objection shall have the effect of terminating the contract underlying the relevant usage model or service module or the relevant service modules with effect from the end of the last month before the price increase comes into force.

Terms, contract termination, blocking of users/user accounts

7.1 Contracts relating to usage models and service modules that involve the repeated or permanent provision of services by Perseus shall have a fixed term which, unless otherwise stated in the relevant service offer at the time of booking or expressly agreed otherwise in individual cases, shall generally be one year, calculated from the beginning of the month in which the relevant contract was concluded or, if the use of the services covered by the relevant usage model or service module requires the registration of the respective users (see also Section 2.2 of these GTC), the information and, if applicable, functions relating to the customer’s registration or that of the respective users were sent to the customer (so-called “onboarding mail”). 2.2 of these GTC), the customer has been sent the information and, where applicable, functions relating to their registration or that of the relevant users (so-called “onboarding mail”). These contracts are renewed for a further year unless they are terminated with three months’ notice before the end of the initial term or the current renewal period.

If the customer extends a booked usage model by booking additional service modules, which in turn have fixed terms that extend beyond the current term of the underlying usage model, the contract on which the usage model is based shall be extended by a further fixed term upon booking the additional service module. Ordinary termination of the contract on which the relevant usage model is based is therefore excluded.

7.2 Any contract may be terminated without notice by either the customer or Perseus for good cause. Such good cause may be deemed to exist for Perseus in the following cases in particular:

– illegal or immoral behavior of a user;

– breaches by a user of obligations under Sections 5.3 and 5.5 of these GTC or of the Terms of Use; this applies in particular in the event of false information during registration or misuse of the PCSS or the services, functions and information made available to the user within the scope thereof.

In such cases, Perseus may, at its own discretion, also – merely – block the user account of the user concerned and thus exclude the user from accessing the relevant Perseus services and thus from using them.

In the event of justified extraordinary termination or blocking of a user account for a reason for which the customer is responsible, the customer’s entitlement to services under the relevant contract shall lapse without replacement; in such cases, there shall be no entitlement to reimbursement of any fees paid in advance for the services in question.

7.3 Notice of termination must be given in writing or in text form (i.e. by e-mail) or by means of a function provided by Perseus for this purpose within the framework of the online presence of the PCSS. The time of receipt by Perseus shall be decisive for the time of termination.

7.4 Upon termination of a contract, the authorization to use the PCSS, including the functions offered within the scope of the online presence of the PCSS and the user accounts accessible there, shall end. Data and content uploaded by users will not be backed up, nor is there any entitlement to their surrender.

Liability

8.1 Perseus is liable in contract and tort

– for damages due to gross negligence and intent and for those resulting from injury to life, limb and health;

– for damages arising from the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely (so-called “essential contractual obligations”); in this respect, however, liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected.

The foreseeable damage typical for this type of contract is generally considered to be the simple amount of the respective “booking value”, i.e. the sum of the total remuneration payments to be made by the customer to Perseus on the basis of the contract in question (if applicable up to the earliest possible termination date). Any further liability claims are excluded in this respect and to this extent, in particular Perseus shall not be liable for loss of profit, loss of savings and other consequential damages.

The above limitations of liability shall also apply in favor of Perseus’ employees, bodies and vicarious agents. Perseus shall not be liable for the conduct of its vicarious agents if the vicarious agent is the customer, the user concerned or a person appointed by the customer to perform this function.

Mandatory statutory liability provisions remain unaffected by the above provisions.

8.2 Claims for damages by the customer due to the breach of material contractual obligations (see above under clause 8.1, 2nd indent) shall become statute-barred within five (5) years of their occurrence, irrespective of knowledge.

8.3 Since the customer and the users are solely responsible for securing the information and data that they provide to Perseus or that they have posted on the online presence of the PCSS, in particular their user accounts there, as well as those that they have obtained and generated by using the services of Perseus, Perseus shall not be liable for their loss, unless such loss was caused by Perseus intentionally or through gross negligence.

8.4 The assumption of a guarantee by Perseus can only be accepted if such a guarantee has been expressly declared by Perseus. Subject to a corresponding express agreement in individual cases, Perseus shall furthermore not assume any obligation to pay liquidated damages or contractual penalties.

Data protection

9.1 Information on the collection and processing of personal data of customers and users by Perseus and on how Perseus ensures their protection can be found in Perseus’ data protection information, the current version of which can be accessed at the domain https://www.perseus.de/datenschutzerklaerung/ and via a corresponding link within the online presence of the PCSS and the user accounts.

Assignment, contract transfer

10.1 Any assignment by the customer to third parties of the claims (in particular claims for performance) to which it is entitled against Perseus shall require Perseus’ express prior consent in each case.

10.2 Perseus shall be entitled to transfer its rights and obligations as provider of the PCSS and contractual partner of the customer to third parties in whole or in part by giving the customer four weeks’ notice.

Reference authorization

11.1 Unless expressly agreed otherwise, Perseus shall be permitted to make public advertising reference to the contractual relationship with the respective customer in an appropriate form and to an appropriate extent, stating the customer’s name or company name and logo, in particular in the context of Perseus’ online presence and the PCSS.

Place of performance, place of jurisdiction, applicable law

12.1 Unless Perseus has expressly assumed the obligation to provide a service at the registered office of the customer or a user on the basis of a special agreement in an individual case, the place of performance for the obligations arising from the contractual relationship between Perseus and the customer shall be the registered office of Perseus, which shall also be the sole place of jurisdiction for all disputes arising from and in connection with the business relationship between Perseus and the customer.

12.2 The contractual relationship between Perseus and the customer and any disputes arising in connection therewith shall be governed exclusively by the laws of the Federal Republic of Germany.

Severability clause

Should individual provisions of these GTC be wholly or partially invalid or lose their validity at a later date, this shall not affect the validity of the remaining provisions of these GTC.

Last update: May 2022