for the use of software via the Internet (Software as a Service) - as at 06.10.2023

1. services

1.1 The Provider shall provide the contractual services, in particular access to the software, in its area of availability (from the data center interface to the Internet). The scope of services, the nature, the intended use and the conditions of use of the contractual services are set out in the respective service description, supplemented by the operating instructions for the software.

1.2 Additional services, such as the development of customized solutions or necessary adjustments, require a separate contract.

1.3 The Provider may provide updated versions of the Software.

The Provider shall inform the Customer about updated versions and corresponding usage instructions electronically and make them available accordingly.

2. scope of use

2.1 The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e.g., "app"). The customer shall not receive any rights beyond this, in particular to the software or the infrastructure services provided in the respective data center, if any. Any further use requires the prior written consent of the Provider.

2.2 In particular, the customer may not use the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell or temporarily transfer, rent or lend software or parts thereof.

2.3 The Provider shall be entitled to take appropriate technical measures to protect against non-contractual use. The contractual use of the services may not be more than insignificantly impaired as a result.

2.4 In the event that a user exceeds the scope of use in violation of the contract or in the event of an unauthorized transfer of use, the customer shall, upon request, immediately provide the provider with all information available to him for asserting claims due to the use in violation of the contract, in particular the name and address of the user.

2.5 The provider may revoke the customer's access authorization and / or terminate the contract if the customer significantly exceeds the use permitted to him or violates regulations to protect against unauthorized use. In connection with this, the provider may interrupt or block access to the contractual services. The Provider shall generally set the Customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization shall not be deemed to be a termination of the contract at the same time. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period of time, not exceeding 3 months.

2.6 The Provider's claim to remuneration for use in excess of the agreed use shall remain unaffected.

2.7 The Customer shall be entitled to have the access authorization and the access possibility restored after it has proven that it has discontinued the use in breach of contract and has prevented future use in breach of contract.

2.8 The Provider shall regularly back up the Customer's data on the server for which the Provider is responsible to an external backup server in a German data center. These servers meet at least the same security and data protection requirements as the productive system.

2.9 The provider regularly backs up the customer's data to one or more standby servers in a German data center, which can replace the productive server in the event of a defect. These servers meet at least the same security and data protection requirements as the productive system.

2.10 The provider regularly backs up the customer's data to one or more test servers in a German data center in order to be able to test new functions, bug fixes or product improvements. These servers meet at least the same security and data protection requirements as the production system.

2.11All Amazon sales data may only be loaded into the AccountOne system via the API's provided by Amazon. It is prohibited to import data from third party systems that do not belong to Amazon into AccountOne. This also includes systems that are operated on Amazon AWS servers but do not directly or indirectly belong to Amazon. This prohibition is based on point 4.3 of Amazon's Amazon accaptable Use Policy (AUP).

3. availability, performance deficiencies

3.1 The availability of the provided services results from the service description on the website of AccountOne GmbH (www.accountone.de).

3.2 In the event of only an insignificant reduction in the suitability of the services for the contractual use, the customer shall have no claims due to defects. The strict liability of the provider due to defects that were already present at the time of the conclusion of the contract is excluded.

3.3 § 578b BGB remains unaffected.

4. data protection

4.1 Insofar as the Provider can access personal data of the Customer or from the Customer's area, the Provider shall act exclusively as a processor and shall process and use such data only for the purpose of executing the contract. The Provider shall comply with the Customer's instructions for the handling of such data. The Customer shall bear any adverse consequences of such instructions for the performance of the contract. The Customer shall agree with the Provider the details for the Provider's handling of the Customer's data in accordance with the requirements of data protection law.

4.2 The customer shall remain the responsible party both generally in the contractual relationship and in terms of data protection law. If the customer processes personal data (including collection and use) in connection with the contract, it warrants that it is entitled to do so in accordance with the applicable provisions, in particular those of data protection law, and shall indemnify the provider against third-party claims in the event of a breach.

4.3 The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the Customer shall bear responsibility for the processing (including collection and use) of personal data, except to the extent that the Provider is responsible for any claims by the data subject due to a breach of duty attributable to the Provider. The Customer shall responsibly examine, process and respond to any inquiries, applications and claims of the data subject. This shall also apply in the event of a claim against the Provider by the data subject. The Provider shall support the Customer within the scope of its duties.

4.4 The Provider warrants that Customer data will be stored exclusively in the territory of the Federal Republic of Germany, in a member state of the European Union or in another contracting state of the Agreement on the European Economic Area, unless otherwise agreed.

5. obligations of the customer

5.1 The customer shall protect the access authorizations and identification and authentication information assigned to him or to the users from access by third parties and shall not disclose them to unauthorized persons.

5.2 The customer is obligated to indemnify the provider from all claims of third parties due to legal violations that are based on an illegal use of the subject matter of the service by the customer or are made with the customer's approval. If the customer recognizes or must recognize that such an infringement is imminent, there is an obligation to inform the provider immediately.

5.3 The customer has to use possibilities provided by the provider to secure his data in his original area of responsibility.

6. use in breach of contract, compensation for damages

For each case in which a contractual service is used without authorization in the customer's area of responsibility, the customer shall pay compensation in the amount of the remuneration that would have been incurred for the contractual use within the scope of the minimum contract term applicable to this service. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that no or significantly less damage has occurred. The provider remains entitled to claim further damages.

7. fault management

7.1 The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (Section 7.3) and, on the basis of this assignment, carry out the agreed measures to analyze and rectify faults.

7.2 The Provider shall accept proper fault reports from the Customer during its normal business hours and shall assign an identifier to each one. Upon the Customer's request, the Provider shall confirm receipt of a malfunction report to the Customer by informing the Customer of the assigned identifier.

7.3 Unless otherwise agreed, the Provider shall assign received fault reports to one of the following categories after first reviewing them:

a) Serious disruption: The disruption is based on a defect in the contractual services that makes the use of the contractual services, in particular the software, impossible or allows it only with serious restrictions. The customer cannot reasonably circumvent this problem and therefore cannot complete tasks that cannot be postponed.

b) Other disruption: The disruption is based on a defect in the contractual services that restricts the customer's use of the contractual services, in particular the software, to a more than insignificant extent without constituting a serious disruption.

c) Other messages: Fault messages that do not fall into categories a) and b) are assigned to other messages. Other messages will only be handled by the provider in accordance with the agreements made for this purpose.

7.4 In the event of reports of serious faults and other malfunctions, the Provider shall immediately initiate appropriate measures based on the circumstances communicated by the Customer in order to first localize the cause of the fault. If, after initial analysis, the reported fault does not appear to be a fault in the contractual services, in particular the software provided, the provider shall inform the customer of this without delay. Otherwise, the Provider shall initiate appropriate measures for further analysis and rectification of the reported fault or - in the case of third-party software - transmit the fault report together with the results of its analysis to the distributor or manufacturer of the third-party software with a request for rectification The Provider shall immediately provide the Customer with measures available to it for circumventing or rectifying a fault in the contractual services, in particular the software provided, such as instructions or corrections to the software provided. The customer shall immediately adopt such measures to circumvent or rectify faults and shall immediately report any remaining faults to the provider again when they are used.

8. contact point (hotline)

8.1 Contractual services: The Provider shall establish a point of contact for the Customer (hotline). This office shall handle the Customer's inquiries in connection with the technical requirements for use and conditions of the software provided as well as with individual functional aspects.

8.2 Acceptance and processing of inquiries: A prerequisite for the acceptance and processing of inquiries is that the Customer designates to the Provider personnel with appropriate professional and technical qualifications who are assigned internally at the Customer to process inquiries from users of the software provided. The Customer shall be obligated to address inquiries to the hotline only via such personnel designated to the Provider and to use forms provided by the Provider for this purpose. The hotline shall accept such inquiries by e-mail, fax and telephone during the Provider's normal business hours.

The Hotline shall process proper inquiries in the ordinary course of business and answer them to the extent possible. For the purpose of answering, the hotline may refer to documentation accessible to the customer and other training resources for the software provided. To the extent that it is not possible for the hotline to respond or to do so in a timely manner, the Provider shall - to the extent expressly agreed - forward the inquiry for processing, in particular inquiries regarding software not produced by the Provider. Further services of the hotline, such as other response times and deadlines as well as on-call services or on-site assignments of the Provider at the Customer's premises shall be expressly agreed upon in advance.

9. contract term and termination

9.1 The provision of the contractually agreed services shall take place from the date designated in the contract initially for the duration of the term agreed in the contract. If no term has been agreed, the contract shall apply for an indefinite period.

9.2 The contract can be terminated with one month's notice to the end of the month, at the earliest at the end of the minimum term. If this is not done, the contract shall be extended by a further month in each case, unless it has been terminated with one month's notice to the end of the respective extension period.

9.3 The right of each contracting party to extraordinary termination for good cause shall remain unaffected.

9.4 Any declaration of termination must be in writing to be effective.

9.5 The Customer shall back up its data files (e.g. by download) on its own responsibility in good time before termination of the contract. Upon request, the Provider shall support the Customer in this regard; Section 4.4 of the General Terms and Conditions shall apply. After termination of the Agreement, the Customer will generally no longer be able to access these databases for reasons of data protection.

10 Validity of the General Terms and Conditions of Contract

The General Terms and Conditions of Contract shall apply in addition.

11. place of jurisdiction

Place of jurisdiction is Flensburg / Germany

Flensburg, the 31.08.2023

Gordian Brockstedt

Managing Director

AccountOne GmbH