General Terms and Conditions for Software-as-a-Service by Stenon GmbH

Stenon GmbH, Hegelallee 53, 14467 Potsdam (“Stenon“) offers an online platform to evaluate the measurement results of soil samples generated with the Stenon hardware. The online platform is controlled via a dashboard using standard browsers or via the Stenon hardware and is based on an IT infrastructure based on Software-as-a-Service (“Software”), which is provided for a fee. These General Terms and Conditions (“GTC”) govern the contractual relationship between Stenon and the customer regarding the use of the software.

The services of Stenon are offered exclusively to professionals.

1. Subject matter and Conclusion of the Contract; Customer GTC

1.1
These General Terms and Conditions apply to the paid provision of the software by Stenon.

1.2
Use of the software is only offered to professionals within the meaning of Sect. 14 of the German Civil Code. Professionals are natural or legal persons or partnerships with legal capacity who, at the time the contract is concluded, act in the exercise of their trade, business or profession.

1.3
By filling out and submitting the registration form on the online platform, the customer makes an offer to conclude the contract. This usually happens during the initial setup of the first Stenon device. The available billing models depend on whether the device was purchased or leased. Until submission of the registration form, the customer can correct any input errors by clicking on the respective field of the registration form and correct the error. The contract is concluded when Stenon explicitly accepts the customer’s offer or when Stenon activates access to the online platform.

1.4
Additional measuring devices can also be added to the customer’s account at a later date.

1.5
Any general terms and conditions provided by the customer shall only become part of the contract if this has been expressly agreed in writing.

2. Services by Stenon

2.1
Stenon provides the customer access to the software via the Internet for a period of time limited to the term of the contract (“Software-as-a-Service“). Stenon is responsible for the operation and maintenance of the software and the IT infrastructure on which it runs. The place of performance is the router exit of the data centre. The customer is responsible for ensuring that he can receive the service. In particular, the provision of the necessary hardware and software (e.g. browser) by Stenon is not part of the contract. The customer has no right to access the source code of the software provide