Disclaimer: This is a machine-translated version of the original German document. It is provided for informational purposes only. In the event of any discrepancies or ambiguities, the German version shall prevail and is the only legally binding version.

I. Scope

1. These General Terms and Conditions apply, provided they are validly incorporated, to all contracts concluded between the affiliated companies of the Akarion Group (“Akarion”) and other companies (“Clients”) regarding Akarion’s services, in particular regarding the provision and use of the service licenses offered by Akarion and regarding services offered by Akarion, such as support, consulting, implementation, or maintenance services, as well as training.

2. Written individual contractual agreements that conflict with or supplement these General Terms and Conditions shall take precedence over these General Terms and Conditions.

3. These General Terms and Conditions shall also apply in their effectively incorporated version to future contracts concluded between Akarion and the Client without the need for further incorporation.

4. Akarion is entitled to amend these General Terms and Conditions at any time with future effect. The Client shall be notified of any amendments at least in writing. If the Client does not object in writing to Akarion within 6 weeks of receiving the notice of amendment—notification via email to the agreed-upon address shall suffice for this purpose—the amended General Terms and Conditions shall be deemed accepted by the Client.

5. If the Client objects to the amendment of these Terms and Conditions, Akarion is entitled to terminate the contract with one month’s notice to the end of a calendar half-year. In this case, the most recently agreed Terms and Conditions shall continue to apply until the termination of the contract.

6. If changes occur after the conclusion of the contract—such as changes in the law—that Akarion could neither foresee nor influence, Akarion is entitled to unilaterally adjust these terms and conditions accordingly, i.e., without the client’s consent. This also applies if contractual gaps become apparent after the conclusion of the contract that significantly disrupt the balance between performance and consideration. The client shall be notified of such adjustments at least in writing.

7. Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract, even if Akarion is aware of them, unless their validity is expressly agreed to in writing by Akarion in advance on the basis of individually concluded agreements.

II. Definitions

1. “Services” are all software products developed and licensed by Akarion that are accessible via the Internet or otherwise made available to the Client/User by Akarion.

2. “Client” is the person with whom Akarion has concluded a contract regarding the use of the offered services.

3. “User” is a natural person clearly identified by the Client who uses an Akarion service by means of a license acquired by the Client.

4. “License” means the right granted to a user to use a specific Akarion service for the duration of the subscription period contractually agreed upon with the Client.

5. “Update” means a version of the respective service that includes minor functional changes/improvements or the correction of errors.

6. “Upgrade” means the expansion of the services to include new modules or features.

7. “Access Data” means the data assigned to a user, consisting of an email address and password, by means of which the user can verify their license for the respective service and access/use it.

8. “Order” refers to the binding purchase of licenses for a service and/or services offered by Akarion by the client.

III. Conclusion of Contract and Trial Period

General Provisions

1. All “offers” from Akarion, whether in writing, verbally, on Akarion’s websites, in advertising brochures, or in catalogs, are always subject to change and constitute a non-binding invitation to place a corresponding order with Akarion.

2. Akarion’s non-binding “offers” are generally directed only at businesses within the meaning of Section 14 of the Austrian Civil Code (UBGB) that conduct transactions within the scope of their business activities.

3. A contract is concluded if and when Akarion accepts the order in writing or by email.

4. Akarion accepts orders exclusively from companies that conclude the relevant transaction within the scope of their business activities.

5. Akarion reserves the right to refuse to enter into a contract at any time and without stating reasons.

Individual Orders

6. Individual orders placed by a client that follow an “offer” personally addressed by Akarion to a potential client or that relate to other services provided by Akarion are deemed accepted if Akarion confirms this to the client in writing or via email or activates the corresponding licenses for the client. By submitting the order, the client expressly agrees to the validity of these Terms and Conditions.

7. Akarion is free to grant the client a free trial period even for individual orders regarding Akarion’s services. In such cases, the paid subscription begins after acceptance of the offer following the expiration of this trial period.

Training Courses / Seminars / Webinars

8. For fee-based training sessions, seminars, or webinars, Akarion generally sends the corresponding invoice at the same time as the registration confirmation. In such cases, the Client expressly agrees to these Terms and Conditions upon registration. Akarion is free to make participation in training sessions, seminars, or webinars contingent upon prior receipt of payment.

IV. Contract Renewals / Termination

1. License agreements regarding Akarion’s services, as well as support and maintenance agreements, are automatically extended for an additional 12 months upon expiration of the respective subscription period (contract term) by an additional 12 months unless the client objects to the renewal in writing within the current subscription period (contract term) or Akarion objects to the renewal no later than three months before the end of the subscription period (contract term). For this purpose, the date of receipt of the relevant notice by the other party shall be deemed to be the date of compliance with the deadline. An objection by one of the contracting parties shall result in the corresponding licenses expiring at the end of the subscription period, the corresponding access data being blocked at the end of the subscription period, and the access data and the content entered in the corresponding service being deleted by Akarion no earlier than 30 days after the end of the subscription period.

2. If minimum purchase quantities apply to the selected edition of a service, falling below this minimum purchase quantity by objecting to the renewal of individual licenses is not permitted.

3. Akarion is entitled to declare immediate termination of the contract if there is good cause. Good cause exists in particular if the Client:

   (i) – even if through no fault of their own – defaults on their payment obligations;

   (ii) violates material provisions of these General Terms and Conditions or of any individual contract that may have been concluded;

   (iii) has entered into agreements with other companies that are detrimental to Akarion, contrary to public policy, or anti-competitive;

   (iv) has, directly or indirectly, promised or granted benefits to Akarion employees involved in the conclusion or performance of the contract, or threatened or inflicted disadvantages upon them; or

   (v) is demonstrably in need of reorganization within the meaning of Sections 23 and 24 of the Austrian Corporate Reorganization Act (URG) (i.e., an equity ratio below 8% or a notional debt repayment period exceeding 15 years) is demonstrably in need of reorganization, or under German law, insolvency proceedings have been opened against the client’s assets, or an application to open such proceedings has been dismissed due to a lack of assets sufficient to cover costs, or the conditions for opening such proceedings or dismissing such an application are met;.

   (vi) the client unjustifiably suspends the contractually owed payments.

4. Akarion shall support the Client following the termination of the contract by storing the data to be transferred back to the Client for a maximum of 1 month. Longer periods shall be remunerated pro rata in accordance with the current price list.

5. Any services that go beyond the mere retention of data and access, such as bulk export, the programming of any interfaces to a successor provider, or other services, must be explicitly commissioned by the Client from Akarion and remunerated in accordance with the current price list.

V. Services Provided by Akarion

General Provisions

1. The service owed by Akarion is derived from the order accepted by Akarion and these General Terms and Conditions. Statements and explanations by Akarion in advertising materials and on websites are to be understood as non-binding product descriptions, not as a guarantee or assurance of a characteristic.

2. Any shipping is at the client’s expense and risk. Cases of force majeure or operational disruptions release Akarion from compliance with agreed deadlines and—at Akarion’s discretion—also from delivery obligations.

3. Akarion is entitled to engage third parties to fulfill Akarion’s obligations or to provide the services owed by Akarion, or to transfer its obligation to perform entirely to third parties, provided that the level of service offered by Akarion is not thereby reduced.

4. If the conclusion of a data processing agreement is legally required for the service owed by Akarion, Akarion is entitled to withhold performance until the conclusion of the relevant agreement—while the payment obligation under the order remains in effect—if the client unreasonably refuses or delays the conclusion of such a data processing agreement. If no agreement can be reached regarding the conclusion of a legally required data processing agreement, both parties may terminate the contractual relationship without notice.

Services

5. In accordance with the terms of the order, the applicable software usage and license terms, and these terms, the Client receives the simple, non-exclusive right, limited to the subscription period, to use the subscribed services, including the associated documentation, for the agreed number of users, in the form of licenses.

6. Akarion provides the Client with licenses for the service covered by the contract to the extent agreed upon in the contract, for the use specified in the contract and further defined by the Software Terms of Use and License Conditions in their currently valid version, and provides the contractually agreed-upon support services.

7. Each license purchased by the Client is assigned to a specific user, identified by individual, personal access credentials, upon first use. User substitution is generally permitted within the services.

8. Without the express written consent of Akarion, the access data assigned to a user may not be rented, leased, lent, sublicensed, or otherwise made available to a third party.

9. Akarion can and will only make licenses and the corresponding user access available if the user accepts the current version of the respective Software Terms of Use and License Agreement. If a user does not accept the Software Terms of Use and License or objects to changes to the Software Terms of Use and License, Akarion is entitled to block the corresponding license or user access while the payment obligation under the order remains in effect, and to terminate the underlying contract for cause without notice.

10. In the event of violations of the Software Terms of Use and License, Akarion is entitled to suspend the user’s access without notice and without observing a notice period, while the payment obligation under the order remains in effect. In this case, Akarion has the right to terminate the relevant licenses for good cause without observing a notice period.

11. Akarion shall take all reasonable measures to ensure the reliable and secure operation of the services. However, due to the complexity of the services and the use of third-party components, Akarion cannot guarantee constant, full availability of the services.

12. If Akarion detects attacks on the Services or a threat to their operation, Akarion is entitled to immediately take all necessary steps to defend against the attacks or threats, even if this temporarily restricts the operation or availability of the Services in whole or in part. Akarion will immediately inform the Client accordingly in such cases.

13. The installation, maintenance, or servicing of services, as well as related support services, are only subject to the contract if this has been expressly agreed upon in writing.

14. The Client must independently and at its own responsibility and expense create all prerequisites necessary for the use of Akarion’s services. The provision of system requirements, infrastructure, and the telecommunications connection between the Client and Akarion is therefore not part of Akarion’s scope of services.

15. Akarion expressly points out that all templates and samples provided in the services require individual adaptation and revision by the Client or the user.

16. To the extent that products or their providers are mentioned in the templates and samples, these are examples. The mention or omission of individual providers and products does not imply any evaluation and is not intended to be promotional or disparaging.

17. Akarion is entitled to make updates to the Services available.

18. The provision of updates and the determination of the timing of such provision are at Akarion’s sole discretion.

19. If Akarion provides or makes upgrades available to the Client/User, this is done voluntarily and at Akarion’s sole discretion and does not establish any entitlement to the future provision or availability of upgrades.

20. Akarion is entitled to expand the functions of the Services as part of updates or upgrades, provided that this does not affect the agreed functionality or quality of Akarion’s Services. Akarion is also entitled to modify or restrict the functions of the Services through updates to the extent that this serves technical progress, is necessary to prevent misuse, or Akarion is obligated to do so by law. If the change in the scope of functions significantly impairs the contractual use of the service by the Client or the users, the Client has the right to terminate the license agreement without notice. Termination results in the corresponding licenses being blocked and in Akarion deleting the access data and the content entered in the relevant service no earlier than 30 days after the end of the contract.

Rectification of Defects in Services

21. Akarion shall remedy defects in the contractual services in accordance with AKARION’s applicable Terms and Conditions within a reasonable period of time corresponding to the classification of the defects (see below), after Akarion has become aware of the existence of a defect.

22. “Defects” are defined as characteristics of the services that negate or significantly restrict their suitability for use as specified in the contract, or the fact that the service lacks an agreed-upon characteristic or that a contractually warranted characteristic is missing, unless this is due to a necessary update.

23. “Class 1 defects” are defects that do not restrict either the operation or the basic functionality of the service (e.g., graphical errors, color errors, text errors).

24. “Class 2 defects” are defects that prevent the uninterrupted operation or use of the service’s basic functionality (e.g., partial failure to save data, individual functions of a module cannot be used, individual license keys are not recognized).

25. “Class 3 defects” are defects that make the operation or use of the service’s basic functionality impossible, such that the service cannot be used at all (e.g., modules cannot be opened; service operation is completely disrupted after an update).

26. Akarion will notify the Client via email of Class 2 and 3 defects discovered by Akarion or third parties that may affect the Client’s or users’ use of the service.

27. If the Client suspects a defect in the contracted product, they must inform Akarion immediately and in as much detail as possible, providing information about the system configuration used and the other operating environment of the service, and submitting the necessary documentation proving the suspected defect to Akarion [“qualified report”]. Reports by phone should be made to +49 89 62 82 65 64; reports by email should be sent to: support@akarion.com. Akarion will notify the Client via email of any changes to the relevant contact information.

28. Akarion will investigate suspected defects in the services as soon as possible.

29. Akarion will remedy identified Class 1 defects as soon as possible.

30. For identified Class 2 defects, Akarion will begin rectifying the defect on the same calendar day, provided the qualified report was submitted before 12:00 PM on a business day (Monday–Friday, excluding Austrian holidays), otherwise at the start of the next business day, and continue until the defect is resolved within normal business hours (Monday–Friday, 9:00 a.m.–5:00 p.m.). If Akarion is demonstrably unable to resolve such a confirmed defect, the Client is entitled to a reasonable reduction in the license fees.

31. In the case of identified Class 3 defects, Akarion shall commence rectification immediately, at the latest within 4 hours of receiving a qualified report, provided this is received on a business day (Monday–Friday, excluding Austrian public holidays); otherwise, no later than the start of the next business day. Akarion shall continue these efforts with due diligence until the defect is remedied, including, to the extent reasonable, outside normal business hours (Monday–Friday, 9:00 a.m.–5:00 p.m.). If Akarion demonstrably fails to remedy a detected Class 3 defect, the Client shall be entitled to a reasonable reduction in price or to terminate this contract without notice.

32. The provision of a defect-free version of the contractual product via an update, as well as the communication of a method to prevent the occurrence of the defect or to mitigate its consequences, shall be deemed to constitute the rectification of a defect.

33. If Akarion determines that defects in the service suspected by the Client and reported by the Client or its users are attributable to input errors or improper or unauthorized use/use of the service by the Client or users authorized by the Client, the Client shall reimburse Akarion for the personnel time spent investigating the suspected defect in accordance with Akarion’s currently valid hourly rate.

34. The warranty period is one year from delivery or from the time Akarion is ready to deliver, provided that delivery is delayed or fails to occur for reasons not attributable to Akarion.

35. All warranty claims shall lapse if modifications or alterations have been made to the respective service without Akarion’s prior consent, as well as if services are used improperly or outside the scope of application specified by Akarion.

36. Warranty deductions or rights of retention on the part of the client are excluded.

VI. Prices and Terms of Payment

1. Unless otherwise expressly stated, all prices quoted are always in euros and exclude the statutory value-added tax applicable at the time of service provision. Payment shall be made in accordance with the agreed payment terms, whereby the choice of payment method generally rests with Akarion. Akarion may offer the client a selection of payment methods in this regard.

2. For licenses and services offered by Akarion, as well as for any travel costs and expenses that may arise, the prices shall be those set forth in Akarion’s currently valid price lists.

3. Akarion is free to amend the price lists at its sole discretion. Akarion shall notify clients of changes to list prices at least three months prior to the start of the relevant effective period. In any case, any price changes shall only take effect for a client if existing contracts are renewed or extended (to include additional licenses), if the edition of the subscribed service is changed at the client’s request, or if the payment method is changed (to annual) at the client’s request.

4. Individually agreed prices apply only to the specific order in question. They do not entitle the client to identical or corresponding prices for future orders, contract renewals, or order modifications or extensions.

5. The price for the agreed subscription period for a service provided by Akarion and any subsequent extension periods must always be paid in advance. No discounts are granted.

6. When billing on an hourly basis, travel time is billed at a 2:1 ratio.

7. Invoices are due for payment, inclusive of VAT and without deductions, within 14 days of receipt via a payment method offered by Akarion. In case of doubt, invoices are deemed to have been received on the third day following the invoice date.

8. If an order comprises multiple services, Akarion is entitled to issue separate invoices for individual (partial) services.

9. If a service cannot be provided by Akarion, either in whole or in part—for reasons attributable to the client or a user designated by the client—or cannot be provided on time, the client’s payment obligation shall continue, less any expenses actually saved.

10. The client is not entitled to withhold payments due to incomplete delivery, warranty or damage claims, or other claims.

11. The Client may only set off its claims against Akarion’s payment claims if the Client’s corresponding claim has been expressly acknowledged in writing by Akarion or has been legally established by a court.

VII. Availability, Delivery, and Service Dates; Consequences of Non-Compliance

1. Availability, delivery, and service dates or deadlines are binding on Akarion only if Akarion has expressly designated them as binding in writing.

2. Akarion is bound by agreed availability, delivery, and service dates and deadlines only if the client’s corresponding payments have been made in full and on time and/or the client’s other obligations have been fulfilled in a timely manner. Otherwise, the deadlines applicable to Akarion shall be extended accordingly.

3. If Akarion fails to deliver or perform for other reasons, the Client is entitled to set a reasonable grace period of at least 14 days and, if this grace period expires without result, to withdraw from the contract.

4. Akarion is entitled, at its own discretion, to make an early delivery or provide an early service following prior notification to the Client.

5. The Client shall be in default of acceptance if Akarion offers the delivery or service for the first time without success.

6. If the Client is in default of payment, Akarion is entitled, following a formal demand for payment, to withhold its own performance until receipt of payment or fulfillment of the other performance obligation—e.g., to block the client’s access to the product covered by the contract and all user accounts created by or assigned to the client—and to charge default interest at a rate of eight percentage points above the base rate. The assertion of any other claims arising from late payment remains unaffected by this.

7. Claims for damages due to delayed delivery—except for personal injury—are excluded, unless the delay in delivery is caused intentionally by Akarion.

VIII. Liability

General Provisions

1. All limitations and exclusions of liability listed below do not apply to cases of culpable injury to life, limb, or health of natural persons caused by Akarion, nor do they apply to Akarion’s mandatory liability under the Product Liability Act.

2. Defects in the respective service that the client has discovered or should have discovered in the ordinary course of business after provision by Akarion must be reported to Akarion immediately, but no later than four weeks after provision, by means of a formal notification. For defects not reported in a timely manner, Akarion’s warranty and other liability shall lapse, notwithstanding the provision in Section 1 of this section.

3. Akarion shall be liable—regardless of the legal basis and notwithstanding the provision in Section 1 of this section—only for intentional or grossly negligent breaches of duty.

4. Furthermore, Akarion shall be liable for slight negligence only if an obligation is breached whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligation/essential contractual obligation), and such liability shall be limited to damages that were typically foreseeable at the time the contract was concluded. Liability for damages applies only to damages resulting directly from a breach of the contractual terms.

5. Akarion is generally not liable for damages whose causes lie outside Akarion’s sphere of responsibility. Examples of such circumstances—though not limited to these—include: force majeure, strikes, governmental measures, failure of transmission equipment, or other disruptions. In particular, Akarion shall not be liable for circumstances falling within the local and factual sphere of responsibility of the Client, a user, or a third party not commissioned by Akarion.

6. All liability claims of the Client against Akarion shall be barred by the statute of limitations—notwithstanding the provision in paragraph 1 of this section—within one year from the date on which the claim arose and the Client became aware of the circumstances giving rise to the claim or could have become aware of them had due care been exercised.

7. The burden of proof regarding warranty or damage claims rests with the Client. Section 372u(3) in conjunction with Section 327k(2) of the German Civil Code (BGB) (where German law applies) and Section 924, second sentence, of the Austrian Civil Code (ABGB) (where Austrian law applies) shall not apply.

Services

8. The subject matter of the warranty is the respective service exclusively in the version delivered or made available by Akarion.

9. Errors in the service attributable to subsequent modifications or improper handling by the client, a user, or any other third party are not covered by the warranty, nor are errors in the operating system used, in outdated and unsupported browser versions, or in any third-party products.

10. Given the current state of technology, the occurrence of program errors in services cannot be completely ruled out. The contractual product and subject of the warranty is therefore only a service that is fundamentally usable in accordance with the respective user manual and product description.

11. Akarion is entitled, at its own discretion, to remedy defects by providing an update or upgrade, or to make such changes to the service at no additional cost to the Client as may be necessary due to defects, provided that this does not alter the contractual service more than insignificantly. The provision of a workaround shall also be deemed a remedy for a defect.

12. It is the Client’s responsibility to monitor the services delivered or made available by Akarion (duty to monitor the product). The Client is obligated to report all errors in the services or risks associated with their use to Akarion immediately upon discovery thereof by means of a formal notification. Akarion shall not be liable for damages resulting from violations of the duty to monitor the product or the duty to report.

13. All sample templates and examples available as part of the services were created with the utmost care and are intended to support users of the respective services. However, Akarion cannot guarantee the accuracy, completeness, timeliness, or quality of the content provided. In particular, this does not constitute any legal advice to the licensee. Liability claims against Akarion or the persons who created the templates and samples are excluded in this regard.

14. The user is solely responsible for the use of the Services, the proper and lawful processing of data within the Services by the user, the accuracy of such data, and the results achieved within the Services. Akarion assumes no liability in this regard.

Akarion Compliance Cloud

15. The Akarion Compliance Cloud is designed for a wide range of compliance applications, including data protection management, information security, and whistleblowing; however, due to application modalities that cannot be foreseen in advance in every detail, it cannot account for every conceivable use case in full detail. For this reason, any potential restriction on the use of individual modules of the Akarion Compliance Cloud that does not account for every use case does not constitute a defect.

Open-Source Components

16. Akarion’s services contain open-source components. The currently available list will be provided upon request. Akarion makes no representations of any kind regarding the open-source components listed therein.

17. In addition to these Terms and Conditions and Akarion’s Software Usage and License Terms, the respective applicable license terms apply to these open-source components, available at: https://github.com/AkarionDevelopers/licences.

18. Any liability on the part of Akarion in connection with the aforementioned open-source components of the Services is excluded. In particular, Akarion shall not be liable for any use of the Services by the Client or a user that violates the applicable license terms.

IX. Rights to Data and Data Privacy

1. The data processed by the user in the Services is the property of the Client. The Client may at any time, in particular upon termination or other cessation of the contract, demand the return of individual or all data, without Akarion having any right of retention. The data shall be provided in a machine-readable format. Akarion is not obligated to provide the Client with software suitable for using the data. See also VI. 4. and 5. of these Terms and Conditions.

2. Provisions regarding the processing of personal data on behalf of the Client shall be set forth in a corresponding agreement (Data Processing Agreement) prior to the commencement of data processing on behalf of the Client.

X. Copyright

1. The Client and the Users have only the rights to the respective contractual services expressly specified in these Terms and Conditions and the Software Usage and License Terms and limited to the subscription period. Any rights beyond this, such as the right to copy, modify, decompile, etc., are not granted to the Client or the Users.

2. The Client, third parties commissioned by the Client, and the Users are not authorized to make changes to the code of the Services.

3. The Services contain protective notices (such as copyright notices and other legal disclaimers) that identify the author of the software product. These protective notices must be retained unchanged and may not be altered, removed, or otherwise obscured.

4. The Services are secured by electronic license keys. This security system is part of the licensed material and is therefore protected by copyright in the same manner as the Services themselves.

5. The Client, third parties commissioned by the Client, and the Users are not authorized to produce copies of the Services of any kind. This includes printing the program code, photocopying the documentation or substantial parts thereof; the output of reports is excluded from this provision.

XI. Confidentiality

1. The contracting parties are obligated to maintain confidentiality regarding all trade secrets and confidential data and information—regardless of form—of the other contracting party that have become known to them in the course of or in connection with the performance of a contract under these terms and conditions, not to disclose such information to third parties, and to use it exclusively for contractually agreed purposes.

2. The obligation under paragraph 1 of this section shall survive the termination of the contract.

3. Confidential information and data within the meaning of this section are information, documents, details, and data that are designated as such or are to be regarded as confidential by their nature. This expressly includes all information concerning customers, contractual partners, or other business partners of the other party, including any data pertaining to or concerning such persons, for which the respective contractual partner is subject to a confidentiality obligation of any kind.

4. The obligations under paragraph 1 of this section shall not apply if legal obligations require the disclosure of the information in question, if the information in question is or was already demonstrably known to the public, or if it has become known to the contracting party through a legitimate third party in a permissible manner.

5. The contracting parties undertake to ensure that their employees, staff, vicarious agents, and other persons involved in the performance of the contract are also bound by the provisions of Section 1 of this section.

XII. Miscellaneous

1. Akarion has a legitimate interest in informing the Client via newsletters about news regarding Akarion’s services (e.g., updates, upgrades, security-related information, user information). The Client may object to such use of their personal data at any time by clicking the corresponding link within the newsletter or by sending an email to: dataprivacy@akarion.com.

2. Unless otherwise agreed upon in individual agreements, all contracts are deemed to have been concluded with Akarion AG, Munich, unless the Client is based in Austria. In this case, the contract is deemed to have been concluded with Akarion GmbH, Linz.

3. In the event that the contract is concluded under these terms and conditions with Akarion AG, Munich, the relevant contract shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods and any national and international conflict-of-laws rules. In this case, the exclusive place of jurisdiction is the registered office of Akarion AG in 80937 Munich, Germany.

4. In the event that the contract is concluded under these terms and conditions with Akarion GmbH, Linz, the relevant contract shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and any national or international conflict-of-laws rules. In this case, the exclusive place of jurisdiction shall be the registered office of Akarion GmbH in 4020 Linz, Austria.

5. Should any provision or parts thereof be or become invalid, this shall not affect the validity of the remaining provisions. Akarion and the Client shall replace the invalid provision with a legally permissible and valid provision that is suitable for achieving the economic meaning and purpose intended by the invalid provision or comes as close as possible to it and most closely corresponds to Akarion’s hypothetical intent; the same applies in the event of gaps in these General Terms and Conditions.

6. Amendments, additions, and the termination of contractual relationships with Akarion must be made in writing. This also applies to any waiver of the written form requirement.

7. In the event of discrepancies with versions in other languages, the German version of these Terms and Conditions shall be binding.

 

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