General Terms and Conditions for the Use of the saferspaces Infrastructure

§ 1 Scope of Application; Subject Matter of Contract

  1. These General Terms and Conditions apply to all business relationships between the Provider and the Customer.
    The Terms and Conditions apply only if the Customer is an entrepreneur (§ 14 BGB), a legal entity under public law, or a special fund under public law.

  2. Unless otherwise agreed, the Terms and Conditions in the version valid at the time of conclusion of the contract or at least in the version last communicated to the Customer in text form shall apply as a framework agreement also for similar future contracts, without the Provider having to refer to them again in each individual case.

  3. These Terms and Conditions apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity. This requirement for consent applies in any case, for example, even if the Customer refers to its Terms and Conditions in the context of the order and the Provider does not expressly object to this.

  4. Individual agreements (e.g., framework supply contracts, quality assurance agreements) take precedence over the Terms and Conditions.

  5. The English version of these Terms and Conditions is provided solely for informational purposes. Only the German version is authoritative and legally binding. In case of deviations or contradictions between the English and German versions, the German version shall prevail.

  6. Legally relevant declarations and notices by the Customer regarding the contract (e.g., setting a deadline, notice of defects, withdrawal, or reduction) must be made in writing. Writing within the meaning of these Terms and Conditions includes written and text form (e.g., letter, email). Legal form requirements and further proof, particularly in case of doubts about the legitimacy of the declarant, remain unaffected.

  7. References to the applicability of legal provisions have only clarifying meaning. Therefore, the legal provisions apply even without such clarification, insofar as they are not directly modified or expressly excluded in these Terms and Conditions.

  8. The Provider grants the Customer the possibility to use the saferspaces app (hereinafter also: "Software") in its business within the framework of a software lease. The provision of software updates – except for the purpose of defect rectification – may only occur based on a separate agreement.

  9. The Software is provided for the following contractual use: The Customer may use the saferspaces app in the context of events, in its company, association, or on similar occasions, to enable visitors to report incidents with low barriers by scanning a QR code or via a web link, in order to receive immediate help.

  10. The Customer receives the saferspaces app via the Apple App Store and the Google Play Store. The app can be downloaded ready for installation in object code. A detailed technical documentation or user manual is not owed.

  11. The functional scope of the saferspaces app as well as the hardware and software deployment conditions are described at https://saferspaces.io/de.

§ 2 Delivery, Installation, Consulting

  1. The Provider delivers the Software via the download portals mentioned in § 1 para. 9.

  2. The Provider owes consulting services only if this is expressly and separately agreed. Any consulting services to be provided are to be remunerated by the Customer separately, at reasonable and market-standard conditions.

  3. Adaptations or modifications of the Software as well as the creation of interfaces to third-party programs by the Provider are only owed insofar as these are necessary for the maintenance or repair of the Software or to ensure contractually compliant use. Otherwise, the Provider is only obliged to make adaptations or modifications if this is expressly agreed; corresponding services are to be remunerated by the Customer separately, at reasonable and market-standard conditions, if applicable.

§ 3 Usage Fee; Setup Fee; Travel Costs

  1. The fee for making the saferspaces infrastructure available results from the respective offer or order confirmation of the Provider. Only the prices stated there are authoritative. Published price information on the Provider's website serves for orientation (https://www.saferspaces.io/business#pricing). The prices are understood to be plus value-added tax at the legally prescribed rate.
    The fee includes the remuneration for the provision and use of the Software as well as – unless otherwise agreed – its maintenance and repair.

  2. Contracts with Minimum Term
    For contracts with minimum term, the fee is to be paid monthly in advance by the fifth business day of each month at the latest.

  3. Time-Limited Uses (e.g., Events, Projects)
    For time-limited uses with a contractually fixed duration, the agreed fee is due once for the entire period and – unless otherwise agreed – is to be paid within 14 days after invoicing.

  4. Setup Fee
    In addition to the usage fee, a one-time setup fee applies. The amount of this fee depends on the scope of the order (e.g., on-site setup or remote) and results from the respective offer. The setup fee is also due – unless otherwise agreed – within 14 days after invoicing.

  5. Travel Costs
    Travel and accommodation costs are either shown as a flat rate in the respective offer or calculated based on actual occurrence. The agreement made in the offer is authoritative.

  6. Price Change for Contracts with Minimum Term
    For contracts with minimum term, the Provider is entitled to increase the fee for the first time after the expiry of twelve months after conclusion of the contract with a written notice of three months to the end of the month, if and to the extent that its costs for maintaining the Software have increased.
    The Customer has the right to terminate the contract within six weeks after receipt of the notice.
    In case of a reduction of the corresponding costs of the Provider, the Customer may demand a corresponding reduction of the fee after expiry of the deadline.

§ 4 Usage Rights to the Software, QR Codes, and Materials

  1. The Provider grants the Customer the simple, non-transferable right to use the provided Software in object code as well as the other components of the Software and the provided QR codes for the contractual purpose in accordance with the following provisions, limited in time for the duration of this contract.

  2. The Customer is entitled to use the Software on its own end devices and to make it available to the personnel employed by it – regardless of whether it is own personnel or contractors.

  3. The use of the Software and QR codes is spatially limited to the contractually fixed deployment location or the agreed event. Use beyond this requires a separate written agreement.

  4. Provided materials (e.g., templates, design suggestions, drafts) may only be used during the contract term and for the contract purpose. After the end of the contract, they must be returned or destroyed.

§ 5 Reproduction of the Software

  1. The Customer is not entitled to reproduce the Software. The Software can be obtained from common sources (App Store, Play Store).

  2. The authorization to reproduce according to § 69d para. 1 UrhG remains unaffected.

  3. Other reproductions are not permitted.

§ 6 Modifications of the Program; Decompilation

  1. Modifications are only permitted if they are necessary for the intended use or if the Provider is in default with defect rectification. The same applies to the resolution of compatibility problems.

  2. The Customer may not commission competitors, unless it is proven that there is no risk of disclosure of business secrets.

  3. Decompilation is only permitted under the conditions of § 69e para. 1 UrhG.

  4. Markings of the Software may not be removed or changed.

§ 7 Provision of the Software to Third Parties

  1. Provision to third parties (e.g., sale, rental) is not permitted without the permission of the Provider.

  2. Dependent use by employees or other persons bound by instructions is permitted.

§ 8 Notification and Custody Obligations of the Customer

  1. Defects must be reported immediately. Instructions from the Provider regarding problem analysis must be observed.

  2. The Customer must protect the Software from unauthorized access.

§ 9 Rights of the Customer in Case of Defects

  1. The Provider is obliged to rectify defects.

  2. Defect rectification is carried out at the Provider's choice by improvement or replacement delivery.

  3. Termination according to § 543 para. 2 sentence 1 no. 1 BGB is only possible after unsuccessful defect rectification.

  4. Rights due to defects are forfeited if the Customer makes changes, unless these do not impair the defect analysis.

§ 10 Obligations of the Customer

  1. The Customer ensures that QR codes and links are only used within the agreed scope:
    a) Do not continue to distribute media after the end of the contract
    b) Remove existing media if possible

  2. The Customer indemnifies the Provider from claims of third parties, insofar as these are based on breaches of duty by the Customer.

  3. The Customer ensures adequate organizational and personnel prerequisites for the care of affected persons, in particular:
    a) Trained personnel
    b) Suitable retreat options (if reasonable)

§ 11 Limitation of Liability

  1. The Provider is liable without limitation for
    a) Injury to life, body, health
    b) Missing guaranteed characteristics or guarantees
    c) Intentional or grossly negligent breach of duty

  2. In case of slight negligence, the Provider is only liable for breach of cardinal duties, limited to foreseeable damages.

  3. Further slight negligence is excluded.

  4. Fault-independent liability according to § 536a para. 1 alt. 1 BGB is excluded.

  5. In case of data loss, the Provider is only liable for damages that would have occurred even with proper data backup.

  6. The above rules also apply to futile expenses.

  7. Product liability remains unaffected.

§ 12 Contract Term, Termination of the Lease Relationship

  1. Contract with minimum term: 12 months, automatic extension by a further 12 months, notice period: 3 months to the end of the term.

  2. Time-limited usage contracts end automatically upon expiry of the agreed period.

  3. Termination rights according to § 3 para. 3 and § 9 para. 3 remain unaffected.

  4. Extraordinary termination for important reasons remains possible.

  5. Termination requires written form.

§ 13 Exclusion of Use After Contract End

Any use of the Software, QR codes, and materials after the end of the contract is not permitted.

§ 14 Other Agreements

  1. Changes or additions to the contract as well as assurances require written form.

  2. German law applies; UN Sales Law is excluded.

  3. The place of jurisdiction is the seat of the Provider, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law. The Provider may also sue at the place of jurisdiction of the Customer.

  4. The invalidity of individual provisions does not affect the validity of the rest of the contract.

As of: September 2025