General Terms and Conditions Certivity
1. Scope of Application
1.1 Certivity GmbH (hereinafter: Certivity) offers a web-based regulatory management Software (hereinafter: Software) for companies from the automotive industry on the website "Certivity.io" (hereinafter: Certivity), in particular for the management of regulatory documents, requirements and interpretations as well as integrations into third-party systems.
1.2 The following General Terms and Conditions (hereinafter: GTC) shall apply to all contracts (hereinafter: "Contracts") concluded between Certivity and Customers, who are not consumers within the meaning of Section 13 of the German Civil Code (BGB) or other corresponding relevant statutory provisions, regarding the "Certivity" Software.
1.3 Any deviating GTC of the Customer shall not apply to Contracts, unless Certivity expressly agrees to their application in writing.
2. Conclusion of Contract between the Customer and Certivity
2.1 The offer provided on Certivity to use the web-based Software designated and described therein does not constitute a binding offer by Certivity.
2.2 The use of Certivity's Software requires the creation of a customer-specific account/tenant (hereinafter: Account). For the creation of the Account, the required data shall be submitted to Certivity and the data for user and passwords shall be specified.
2.3 For this purpose, the Customer shall conclude a paid Contract for the use of the Software with Certivity. In doing so, Customer may choose between the offered Software versions and functionalities/features as well as the number of users.
2.4 For the preparation of an offer and conclusion of a Contract with annual or monthly billing, the conclusion of the Contract shall take place in advance. For the conclusion of the Contract, the company name and billing address must be provided. Depending on the method of payment, annual billing or monthly payment, credit card details must also be provided for this purpose.
2.5 For the conclusion of a Contract on the paid use of the Software, Certivity's sales team shall prepare a corresponding offer in text form, which shall be accepted by the Customer by confirmation in text form, in writing or orally, but no later than by payment of the invoice.
3. Services, Change of Versions
3.1 For the term of the Contract Certivity shall provide the Customer with access to the Software-as-a-Service (hereinafter: Software). The scope of functionalities for the Software and the description of Services shall be made available to the customer on the Certivity website or via an individual offer or otherwise ("Service Description").
3.2 The Software enables the exchange of data with third-party systems, e.g. so-called requirements management tools ("Third Party System") via file-based formats (File Exchanges) or interfaces ("Integrations"). Certivity's website provides an overview and description of all available File Exchanges & Integrations whereby the availability to the Customer may depend on the Software version booked by the Customer and previous integration services. Certivity reserves the right to change the range of File Exchanges and Integrations, in particular if the Third Party Provider adjusts or discontinues the Integration. Integrations may only be used for the intended purpose of exchanging data with the explicitly intended Third Party System. In order to use an integration, the customer must have the authorization to use the third-party system to be connected. The Customer is responsible for the operation of the third party system, including its availability, in the relationship between the Customer and Certivity.
3.3 Certivity provides functionality within the Software that allows customers to upload, store, manage, and organize their own documents and content (including internal standards, specifications, and other own proprietary materials). All documents uploaded by customers remain the sole property of the Customer. Certivity does not claim, assert, or retain any ownership, license, or usage rights over Customer uploaded content. Certivity will not use, copy, reproduce, analyze, or distribute Customer documents for any purpose other than as necessary to provide the Software functionalities or explicitly requested by the Customer in case of a digitization or for any other purpose (e.g., document classification, requirement extraction, project creation, etc.). Customer retain the full control over the uploaded documents, including the ability to upload, delete, organize, and restrict access to documents within their tenant environment. Certivity employees will not access Customer uploaded documents unless explicitly authorized by the Customer for in case of a digitization or for support or troubleshooting purposes. Customer uploaded documents will not be indexed, crawled, or processed outside the context of the Customer own workspace. No data derived from Customer uploaded content will be used to train AI models, develop features, or be made available to other customers by any other means.
3.4 The Customer may upload, process, analyze, structure or otherwise use standards, technical specifications, norms, or other third-party protected materials (collectively “Standards”) within the Software, provided that the Customer holds all necessary rights, licenses and permissions to do so.
3.4.1 All rights, title and interest in and to such Standards, including all intellectual property rights, copyrights, database rights and related rights, shall remain exclusively with the respective rights holders and/or the Customer, as applicable. Certivity does not acquire any ownership rights, exploitation rights, usage rights, derivative rights, database rights or any other proprietary interest in such Standards by virtue of processing them within the Software. Certivity acts solely as a technical service & infrastructure provider with respect to such Standards and does not assume any responsibility for the licensing status of uploaded materials. The Customer remains solely responsible for ensuring lawful use of Standards within the Software.
3.4.2 The processing of Standards within the Software is carried out solely on behalf of and for the benefit of the respective Customer within its isolated tenant environment. Certivity will not use, reproduce, distribute, commercialize, sublicense, disclose, or otherwise exploit Standards or any derived content for its own purposes or for the benefit of third parties.
3.4.3 Any structuring, tagging, extraction, analysis, transformation, or processing of Standards performed within the Software shall not result in any transfer of ownership or intellectual property rights to Certivity. All results generated from Customer-provided Standards shall belong exclusively to the Customer, subject to the underlying rights of the original rights holder.
3.4.4 No Standards or derived content shall be used by Certivity to train, improve, fine-tune or otherwise develop machine learning models, AI systems, databases or products, unless explicitly agreed in writing with the Customer.
3.5 Additional functionalities whose scope of use is not limited may only be used to a reasonable extent ("Fair Use"), in particular to ensure the functionality and economic efficiency of the provision for all Customers. Inappropriate use is, for example, excessive use (or use unrelated to the intended functionality of the Software, i.e. if the additional functionality is not used in relation to the Customer or the actual purpose of use (e.g. use of the export function for third-party systems and specifications created therein that cannot be matched with the Customer). Certivity reserves the right, upon notice of a violation of this clause, to immediately restrict functionality, to terminate the contract without notice according to clause 8, and, if applicable, to assert claims for damages against the Customer.
3.6 The free or commercial provision of data (regulatory information) provided by Certivity through the Software, e.g. through the export function via File Exchanges or Integration to third parties and companies or their employees that are not part of a Customer project or are themselves customers of Certivity, is explicitly not included in the scope of use of the Certivity Software (re-selling) and is strictly prohibited. Certivity reserves the right to restrict the functionality of the Software after having notified the Customer about the violation of the not re-selling principle.
3.7 The Customer may in principle switch between the offered versions of the Software or expand the number of Users e.g. by adding Features or more Users at any time with effect from the time Certivity switches the Customer's access. The resulting price adjustments and any advance payments already made will be calculated and invoiced in accordance with Section 7 of these GTC.
3.8 Customers must contact Certivity's customer support (sales@certivity.io) for a change of version. If Customer switches to a version with a larger scope of features or to a version with a larger number of employees during a current billing period, Customer may use the additional features of the Software from the time Certivity switches the account. If Customer switches to a version with a lower scope of features, Customer may only use the reduced functions of the Software as of the date Certivity switches Customer's account. Already created data will be treated differently depending on the features, e.g. already created interpretations will not be deleted automatically if the feature is deselected, but will remain available to all users of the customer. Only the creation of new interpretations will no longer be possible. Only on request of the customer this data will be deleted by Certivity.
4. Availability and reaction time in case of malfunctions
4.1 Certivity guarantees an availability of 99% of the SaaS Software on an annual average. This does not include times when the Software is unavailable due to other technical problems beyond Certivity's control (in particular force majeure, fault or negligence of third parties). Certivity is entitled to perform maintenance work (e.g. updates of the Software) outside the usual business hours from Monday to Friday (taking into account public holidays at the Munich location) between 9:00 a.m. and 6:00 p.m. for a total of 10 hours per calendar month. Non-availability during these maintenance windows shall not be taken into account when calculating the contractual availability.
4.2 If a maintenance measure will lead to an interruption of the use of the Software of more than 30 minutes within the usual business hours from Monday to Friday (taking into account public holidays at the Munich location) between 9:00 a.m. and 6:00 p.m., Certivity will announce this maintenance work by e-mail in advance. The announcement will be made at least 24 hours in advance. Upon Customer's request, the announced maintenance work may be postponed, provided that this is justifiable from Certivity's point of view for technical and economic reasons.
4.3 The Customer shall receive support by email, if necessary by telephone, in case of malfunctions of the Software. The support is available on working days between 9:00 am and 5:00 pm. In case of malfunction reports received outside the support hours, the elimination of the malfunction shall start on the following working day.
5. Cooperation by the Customer
5.1 The following participation services are major obligations (“Hauptleistungspflichten”) of the Customer and are not to be recognized solely as secondary obligations or duties.
5.2 During the conclusion of the Contracts and during the term of the Contracts, the Customer shall always provide Certivity with accurate information regarding its company and the use of the Software and shall inform Certivity about changes of these information.
5.3 The Customer shall be obliged to provide a sufficiently qualified contact person together with a deputy, who shall be entitled to make all decisions necessary for the performance of the contractually agreed service. The customer is obligated to immediately inform sales@certivity.io in text form of any changes to the contact person (including the deputy).
5.4 The Customer is solely responsible for the content created with the Software that goes beyond the data provided by Certivity and processed with the Software (e.g. Customer's own interpretations or specifications). Customer hereby agrees to use Certivity's Software only in accordance with these GTC and within the scope of the applicable legal provisions and, in particular, not to infringe any third party rights, e.g. copyrights when using it. The Customer shall notify Certivity without undue delay, but at least in text form to devops@certivity.io, of:
5.4.1 the misuse or suspected misuse of the contractually agreed service;
5.4.2 a risk or suspicion of a risk to compliance with data protection or data security that occurs in the course of the provision of the contractually agreed service;
5.4.3 a risk or suspicion of a risk to the service provided by Certivity, e.g. through loss of access data or IT security breach due to e.g. product piracy / hacker attacks.
5.5 The Customer is solely responsible for all documents and content their users are uploading to the Certivity Software. By uploading content, the Customer represents and warrants that:
5.5.1 They have all necessary rights, licenses, and permissions to upload and use the documents and content within the Software:
5.5.2 The documents and content do not infringe on any third-party intellectual property rights, violate any applicable laws or regulations, or contain any unlawful, harmful, or sensitive information not authorized for processing;
5.5.3 The documents and content do not violate any data protection rights in case personal data is part of the uploaded documents and content;
5.5.4 The documents and content are classified, export-controlled or otherwise restricted under national or internation regulations. If this shall be done, please contact Certivity before processing of the data through the Software;
5.5.5 The documents and content do not included malware, viruses, or code intended to disrupt or damage the Software or other systems;
5.6 The Customer is obliged to ensure the technical requirements for the provision and use of the Software itself e.g.;
5.6.1 The Software is web-based, therefore the connection to the Internet with sufficient bandwidth and latency is the exclusive responsibility of the customer.
5.6.2 In the course of using the Software, limitations in the usability of the Software may occur due to different browser types. For optimal use of Certivity's offerings and features, Certivity will provide separate information about the browser types on your website. In addition, further settings in the browser used may be necessary, e.g. (the use of cookies). If these requirements are not met, usability restrictions may occur under certain circumstances. Certivity is not responsible for these restrictions.
5.6.3 The Customer is responsible for taking state-of-the-art IT security measures within its own organization and for its employees. The Customer shall keep the access data secret and confidential and shall not disclose them to third parties and shall ensure that even authorized users do not disclose their access data to third parties as well as prohibition of the use of so-called "Shared Accounts". The prohibition of the use of "Shared Accounts" refers to the Certivity Account.
5.6.4 In addition, the Customer shall ensure the security of the Internet connection used, i.e., if applicable, the use of company-owned instead of public Virtual Private Networks (VPN) as well as ensuring the use of VPN connections in public networks.
5.7 The Customer is responsible for the setup and administration of the Software. This applies regardless of whether Certivity assists the Customer in setting up the Account, in whatever form. This includes in particular:
5.7.1 the technical setup of the Account, configuration of processes;
5.7.2 the administration of the Account, in particular the creation of users and roles and assignment of access to the Account;
5.7.3 the technical connection of interfaces on the part of the Customer including the entry of API keys, API endpoints and the activation of interfaces as well as the activation of rights in the third party system (e.g. requirements engineering system);
5.8 The Customer is obligated to immediately inform Certivity in text form about occurring problems (defects of the Services, lack of availability) to devops@certivity.io and to provide comprehensible information about occurring service disruptions. The Customer shall support Certivity to a reasonable extent in the identification and elimination of errors in the event of occurring service disruptions. Certivity shall be entitled to show the Customer temporary workaround options and to eliminate the actual cause later by making adjustments to the Certivity Software, provided this is reasonable for the Customer.
6. Grant of Rights
6.1 Certivity grants the Customer a non-exclusive, simple, non-transferable right to use the booked Software, limited in time to the term of the Contract. For the use of Third-Party Systems the terms and conditions of the respective provider shall apply.
6.2 The Customer undertakes to use the Software exclusively in accordance with the contract and not to make it available to third parties for use or the data and exports generated with it. When the Customer subscribes to the functionalities of the Enterprise Version, the Customer's rights of use shall also extend to business relationships with the Customer within the meaning of § 271 of the German Commercial Code (HGB), §§ 15 et seq. AktG or the respective applicable provisions of corporate law.
7. Prices, Payment Methods and Terms of Payment
7.1 The prices stated at the time of the order, as presented in Certivity's offer, shall apply. The prices therein are net prices in Euro, depending on the choice between monthly and annual billing, and are exclusive of VAT at the applicable statutory rate, if applicable. The amount of the monthly fee for the use of the Software may depend on the following factors ("Order Parameters") and will be indicated accordingly during the ordering process:
7.1.1 the selected package size for access to the Platform, depending on the number of Customer's employees,
7.1.2 number of employees with "Regulatory Management" role access
7.1.3 any option selected for advanced functionality (e.g., Interpretation Option, Spec Option, API Integration)
7.1.4 the Certivity Integration & Set-Up services.
7.1.5 any additional chargeable functionalities ordered (if not already included).
7.2 Customer may choose between monthly and annual billing. Monthly payments shall be due in advance upon invoicing. Annual payments shall be due for payment in 30 days after invoicing.
7.3 In the case of monthly billing, the billing period shall begin on the day of conclusion of a contract for the fee-based use of the Software via the Account and shall end after the expiry of one month. Payments for contracts for the paid use of the Software with monthly billing shall be made by credit card monthly in advance. The credit card will be charged on the due date. If payment is made by credit card, Certivity reserves the right to check the validity of the card, the debit limit, as well as the address details. Certivity is entitled to refuse the entered credit card as a means of payment if there is an important reason. In case of monthly billing, an invoice will be sent to the Customer by Certivity in electronic form via email.
7.4 In the case of annual billing, the billing period begins on the day the Account is activated and ends after one year. In this case, the invoice amount shall be 12 times the monthly payment for the ordered Software (clause 7.1), less the discount for annual prepayment noted on Certivity's website. Certivity shall initially activate the Customer Access for a period of one year in accordance with the performance period agreed with the Customer and stated on the invoice. Payments for contracts for the paid use of the Software with annual billing are generally made by bank transfer annually in advance. In the case of annual billing, the customer will be sent an invoice for 12 months in electronic form by e-mail. The payment term of the bank transfer is 30 days from the invoice date.
7.5 In addition, payment by direct debit is available to the customer for monthly and annual billing. Insofar as payment by direct debit is selected, we shall apply the SEPA direct debit procedure. Certivity shall inform the Customer of the execution of a direct debit using the SEPA direct debit procedure with reasonable advance notice, usually two days in advance.
7.6 In the event of a return debit note, in particular due to lack of required coverage of the account, expiration of the account, unauthorized objection by the account holder or incorrect entry of the account data, the Customer authorizes Certivity to submit the debit note for the respective due payment obligation a second time. In such a case, the Customer shall be obligated to pay the costs incurred by the return debit note. Certivity reserves the right to make further claims.
7.7 Changes to the Order Parameters, e.g. by upgrading or selecting new options (features) or adding new users, may result in price adjustments. These will become effective at the beginning of the next month. In case of monthly billing, Certivity will invoice the new amount with the following invoice for the next month. If, in the case of Monthly Billing, the price decreases during the billing period due to a change in the Order parameters, the Customer shall not be entitled to a (pro-rata) refund of its advance payment already made. In the case of annual billing, Certivity shall additionally bill the difference between the advance payment already made or the amount already billed and the amount based on the changed price until the end of the annual term (exact billing). If, in the case of annual billing, the price is reduced due to a change in the order parameters, the customer shall not be entitled to a (pro rata) refund of the advance payment already made. This price adjustment shall only become effective at the beginning of the new billing period.
7.8 In the event of default by the Customer, provided that no payment has been made even after the expiry of a deadline set to the Customer of two calendar weeks after the due date, Certivity shall be entitled to immediately block the Customer's access to the Software. Certivity shall notify the Customer in advance of this blocking, setting a further deadline of one calendar week. In this case, the Customer shall remain obligated to continue to pay the agreed remuneration plus any default interest. Any damages caused to the Customer by the blocking for this reason cannot be claimed against Certivity. Furthermore, Certivity has no right to block access to the Software. Furthermore, in the event of default, the statutory provisions of §§ 286, 288 BGB (German Civil Code) or other corresponding relevant statutory provisions shall apply.
8. Start of contract, minimum term and termination
8.1 In the case of Contracts for the paid use of the Software with monthly billing, a minimum term of one month shall apply. After expiration of the minimum term, the contract shall be extended by extension periods of one month each, unless the Customer terminates the contract two weeks before the beginning of an extension period.
8.2 In the case of Contracts for the paid use of the Software with annual billing, a minimum term of one year shall apply. After expiration of the minimum term, the contract shall be extended by extension periods of one year each, unless the Customer terminates the contract with one month's notice before the beginning of an extension period. For the renewal of Contracts for the paid use of the Software with annual billing, Certivity shall provide the Customer with a new annual invoice for remittance no later than the beginning of the new renewal period.
8.3 Certivity shall have the right to terminate Contracts with monthly billing with two weeks' notice and Contracts with annual billing with one month's notice to the end of the respective billing period.
8.4 The right of both contractual partners to terminate for good cause (“wichtigem Grund”) shall remain unaffected.
8.5 Notice of termination shall be given in text form. The Customer's account shall be blocked when the termination takes effect.
9. Data protection
9.1 The Software may be used to process personal data. Certivity shall collect and use any personal data of the Customer for this purpose exclusively within the scope of the applicable statutory provisions. If applicable and necessary, the contractual partners shall conclude Data Processing Agreement (hereinafter: DPA) in accordance with Certivity's template, which shall then become part of this Contract. For this purpose, Customer shall sign the DPA and send it to Certivity signed in writing or as a signed scan or otherwise in text form or digitally signed. The validity of this Contracts, if required, is linked to the conclusion of the DPA.
10. Confidentiality
10.1 The contracting parties agree to maintain secrecy regarding confidential information. This obligation shall continue for a period of 2 years after termination of the Contracts.
10.2 Excluded from this obligation is such confidential information,
10.2.1 which was demonstrably already known to Certivity or the Customer at the time of the conclusion of the Contract or which subsequently becomes known to the Recipient from a third party without violating a confidentiality agreement, statutory provisions or official orders;
10.2.2 which are public knowledge at the time of conclusion of the Contract or are made public thereafter, insofar as this is not based on a breach of this Contracts;
10.2.3 which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the Recipient required to disclose shall notify the other Party in advance and provide the other Party with an opportunity to oppose such disclosure."
10.3 The contracting parties shall only grant access to confidential information to consultants who are subject to professional secrecy or who have previously been subject to obligations corresponding to the confidentiality obligations of this Contracts. Furthermore, the contractual partners shall only disclose the confidential information to those employees who need to know it for the performance of this Contract and shall also oblige these employees to maintain confidentiality to the extent permissible under employment law for the time after their departure.
11. Limitation of Liability
11.1 In the case of the paid provision of services, Certivity shall be liable in accordance with the statutory provisions for damages arising from injury to life, body or health, as well as for other damages based on an intentional or grossly negligent breach of duty and fraudulent intent. Certivity shall also be liable in accordance with the statutory provisions for damages covered by mandatory statutory provisions, such as in the case of the assumption of guarantees, fraudulent non-disclosure of a defect or under the Product Liability Law. Guarantees by Certivity shall only be made in writing and, in case of doubt, shall only be interpreted as such if they are designated as a "guarantee".
11.2 In the case of paid provision of services, Certivity shall only be liable in the event of slight negligence for damages caused by Certivity and resulting from such material breaches of duty that jeopardize the achievement of the purpose of this Contract, or from the breach of duties, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the Customer may rely (so-called cardinal breaches of duty). In these cases, Certivity's liability is limited to the foreseeable damage typical for the Contract. Liability for damages resulting from slight negligence that do not result from a breach of cardinal obligations is excluded, unless Certivity is liable by law. This limitation of liability shall not apply to damages resulting from injury to life, body or health, for which Certivity shall be liable without limitation.
11.3 In the event of the provision of services free of charge (e.g., if applicable, within a granted test period), Certivity shall only be liable for damages based on intent, gross negligence as well as fraudulent intent. This limitation of liability shall not apply to damages resulting from injury to life, body or health, for which Certivity shall be liable without limitation.
11.4 The Customer is solely responsible for all documents and content uploaded to the Certivity platform. By uploading content, the customer represents and warrants that they hold all necessary rights, licenses, and authorizations, and that the content does not violate applicable laws, governmental regulations, or the rights of third parties. Certivity does not assume any responsibility for the accuracy, completeness, legality, or usability of Customer uploaded documents and content. Certivity does not perform any review of such content. The Customer shall indemnify and hold harmless Certivity from and against all claims asserted by third parties in connection with the content uploaded by the Customer.
11.5 The limitations of liability of clauses 11.1 to 11.3 shall also apply to claims against third parties, e.g. if possible employees, other vicarious agents or subcontractors of Certivity.
12. Reference
12.1 Certivity is entitled to name the Customer, including the company name and logo, for reference purposes on Certivity's website and in offline marketing materials such as flyers and product presentations. The Customer may revoke its consent for this at any time in text form to sales@certivity.io.
13. Reservation of the right to change
13.1 Certivity has the right to amend these GTC at any time or to add new regulations for the use of any newly introduced additional services or functions of the Software. The changes and amendments to the GTC shall be announced to the Customer by e-mail to the e-mail address provided by the Customer at least four weeks prior to the planned effective date. The Customer's consent to the amendment of the GTC shall be deemed granted if the Customer does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, starting on the day following the amendment announcement. Certivity undertakes to separately refer to the possibility of objection, the deadline for objection, the text form requirement and the significance or consequences of failure to object in the notice of change.
13.2 Certivity reserves the right to change the Software or to offer deviating functionalities, unless changes and deviations are unreasonable for the Customer. If the provision of a modified version of the Software or a modification of functionalities of the Software involves a significant change in the Customer's workflows supported by the Software and/or restrictions in the usability of previously generated data, Certivity shall notify the Customer thereof in text form no later than four weeks prior to the effective date of such modification. If the Customer does not object to the change in text form within a period of two weeks from receipt of the change notification, the change shall become part of the contract. Certivity shall draw the Customer's attention to the aforementioned deadline and the legal consequences of its expiry in the event of failure to exercise the right of objection whenever changes are announced.
13.3 Certivity further reserves the right to change the Software or offer deviating functionalities if,
13.3.1 to the extent necessary to bring the Services offered by Certivity into compliance with the law applicable to such Services, in particular if changes in laws and regulations;
13.3.2 to the extent necessary to comply with a court or administrative decision addressed to Certivity;
13.3.3 to the extent necessary to eliminate security vulnerabilities in the Software;
13.3.4 because the functionalities of third-party providers (e.g. in the case of Integrations) or change significantly;
13.3.5 or insofar as this is predominantly advantageous for the Customer.
13.4 Certivity specifically reserves the right to limit or terminate the provision of Additional Functionalities or Integrations if technical partners of the additional Functionalities or the providers of the Third Party Systems materially limit or change their services or terms of service and Certivity can therefore no longer reasonably be expected to continue providing them, e.g. because the additional effort by Certivity is disproportionately high. In the event of annual billing, the Customer shall in such case receive a reasonable pro-rata refund of fees paid in advance.
13.5 Certivity shall be entitled to adjust the prices for the chargeable contractual services annually by a reasonable amount to compensate for personnel and other cost increases. Certivity shall notify the Customer in text form of such price adjustments and the effective date of the price adjustment. The price adjustments shall not apply to periods for which the Customer has already made payments or certivity contractually agreed for Services. If the price increase amounts to more than 5% of the previous price, the customer may object to this price increase within a period of two weeks from notification.
13.6 If the Customer objects to a change within the meaning of this clause 13 in due form and time, the contractual relationship shall continue under the previous conditions. In this case, Certivity reserves the right to terminate the contractual relationship extraordinarily with a notice period of one month to the end of the next Service period.
13.7 Amendments to this GTC must be made in text form.
14. Final Provisions
14.1 If individual provisions of the GTC of Business have not become an integral part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
14.2 The contractual relationship existing between the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and/or in connection with this contractual relationship between Certivity and the Customer shall be, to the extent legally permissible, Certivity's place of business in Munich.
14.3 For the conclusion of the Contract, the Customer shall have access to a version of the GTC in German and English, which are available on Certivity's website. Any English version of this GTC is solely for purposes of convenience. The German version is alone authoritative and shall take precedence over the English version in the event of any contradiction or conflict. This also applies analogously to all other documents related hereto, including without limitation other applicable documents.
Version 03-2026