General terms and conditions (AGB) of LithoCollect UG (limited liability)

§1 Scope / Changes

These General Terms and Conditions of LithoCollect UG (limited liability) (hereinafter: LithoCollect) refer to all services which we provide by providing a geological collection management service.
Changes or additions or different terms and conditions must be agreed in writing.
Any changes to the General Terms and Conditions will be communicated to the customer in text form. The customer can object to the general terms and conditions within 4 weeks of receipt. Otherwise you are deemed to have agreed. In the event of a timely objection, the previous terms and conditions remain in effect until further notice.

§2 Subject of the contract and services

LithoCollect provides the customer with online software/application for managing collections. In addition to the application itself, online documentation is available to the customer.
LithoCollect will update the vocabulary (general data stored in the system such as minerals, fossils, rocks, locations) through updates. A third-party provider such as the Mineral Atlas is used for this purpose. LithoCollect assumes no liability for the quality of the vocabulary.
The provision of IT-specific services such as data transfer (import), adjustments, consulting, training, etc. each require a separate order.
LithoCollect can also have the contractual services owed provided by third parties.
LithoCollect will provide and implement functional improvements and extensions from time to time. Any changes in the functional sequence are not a defect. The proper usability remains unaffected.

§3 Conclusion of contract

The customer can use the LithoCollect services free of charge in the first year (see also §3(2)). If he decides to continue using the services, LithoCollect will charge him an annual fee based on the data as of the reference date after one year. The calculation of the fee can be found on the LithoCollect homepage.
LithoCollect reserves the right if disk space usage exceeds 5GB or more than 10,000 data records to end the free year early and to issue a first invoice from that point on.
The further contract is extended by one year by paying the fees. At the end of each year based on the current data an invoice is issued for the following year. The conditions and the costs currently due can be viewed at any time at https://www.lithocollect.com/ and in your collections.
The customer can terminate his contract by deleting his data or by written notice. From the time of termination, at the earliest after the end of the payment period, LithoCollect has the right to remove the data. The customer is responsible for ensuring that he backs up his data in good time in advance. If he needs support, LithoCollect will help him in return for the costs.
The customer cannot derive any customary law from the use of the free service.

§4 Service provision / Force majeure

LithoCollect provides the offered services to the customer.
An availability of the services of greater than 99% is guaranteed.
Even if the data center is equipped with an uninterruptible power supply, air conditioning, access protection, the servers have RAID systems with fault tolerance, a failure is not impossible - albeit with a low risk. LithoCollect relies on server hosters to provide its services. A failure of the operator's servers cannot be blamed on LithoCollect. If a higher level of protection and availability is required, this must be agreed separately.
Downtime due to force majeure, such as prolonged power outages, strikes, official intervention, legal prohibitions or others, Circumstances not caused by LithoCollect are not attributed to the guaranteed availability and are for the duration there is no breach of duty during the downtime. LithoCollect will attempt to provide replacement services if necessary.

§5 Contract changes (Change Requests)

Requests by the customer for changes to the services to be provided by LithoCollect must be formulated in writing. Requests for changes that do not relate to errors will be charged to the customer on an hourly basis if mutually agreed may also be rejected by LithoCollect.
If the request for change is feasible and reasonable from LithoCollect's perspective, written, individual agreements can be made with the customer.
Customers are permitted to commission extensions together with other customers. This does not result in a claim to the release of contact details of other customers.
The customer is aware that additional functions ordered by him will also be available to other customers.

§6 Customer's obligation to cooperate

Before using them, the customer tests the services and software in detail to ensure that they are free of defects and usable for their purposes.
The customer reports errors by writing to LithoCollect or to a company commissioned and announced by you, stating the circumstances and observed errors.
If it is unclear which system component is causing a malfunction, the customer will work with LithoCollect to help identify the error. If the error can be traced back to the customer, LithoCollect can demand reimbursement of the expenses from the customer according to the published hourly rates.
If the customer does not comply with an obligation to cooperate even after setting a reasonable deadline, LithoCollect is entitled to to terminate the provision of services with immediate effect and terminate the contract.

§7 Data backup

The customer takes appropriate precautions in the event that the services offered do not work properly in whole or in part (e.g. through regular data backup). The customer will regularly back up all of his data using state-of-the-art technology in accordance with operational requirements. The customer ensures that the current data from databases held in machine-readable form can be reproduced with reasonable effort. Unless the customer expressly points this out in advance, LithoCollect may assume that all of the customer's data with which LithoCollect may come into contact is secured.
LithoCollect offers the customer the opportunity to transfer his data to his computer in the form of a database extract and a download of his files. The customer ensures a suitable internet connection on his site.
LithoCollect will perform daily backups of the data and save it to a medium in at least one other fire compartment. Several versions are stored. This does not release the customer from making a backup themselves.

§8 Pricing and payment terms

The prices apply as can be seen on the website https://www.lithocollect.com/. The current costs will be displayed in your collection. Each collection is billed separately. The payment period is 14 days. The customer may, if the contracting parties agree, otherwise in writing sign agreements with LithoCollect.
If the customer defaults on payment, LithoCollect is entitled to terminate the service and access for the customer and delete the data after a period of 6 months.
No sales tax is shown for any amounts (small business regulation).

§9 Retention of title

The customer retains all rights and obligations to the data transferred by him.
If the customer makes his data from his collection available to the public, his data can be accessed on suitable platforms such as the Mineral Atlas and the LithoCollect website can be shown publicly. The customer agrees to this. Data declared as confidential remains excluded. The customer can make his collection confidential or publicly accessible.
The programs provided by LithoCollect are protected by copyright.

§10 Restrictions on the use of the software

The customer may freely use the software for the intended purpose.
Any use contrary to applicable law and “good morals” entitles LithoCollect to immediately exclude the customer. The customer is not entitled to compensation for the remaining term.
LithoCollect reserves the right to terminate the customer without notice if his behavior endangers the use of the services for other users or harms the service in public apart from legitimate criticism.
The customer is responsible for not publishing any copyrighted works through the services provided to him by LithoCollect.

§11 Liability and compensation

LithoCollect is liable to the customer in accordance with the statutory provisions if the customer asserts claims for damages or reimbursement of expenses, which are based on intent or gross negligence on the part of LithoCollect or non-compliance with written guarantees, as well as in cases of culpable injury to life, body or health.
In the event of simple negligence, LithoCollect is only liable if LithoCollect has breached an essential contractual obligation. Essential contractual obligations are those that arise from the nature of the contract and that are of particular importance for achieving the purpose of the contract. LithoCollect's liability is limited to the last paid usage fee.
In the event of data loss, LithoCollect is only liable for the damage that would have occurred even if the customer had properly backed up the data in accordance with Section 7 of these General Terms and Conditions. LithoCollect's liability is limited to the last paid usage fee.
Any further liability of LithoCollect for damages or reimbursement of expenses is excluded, regardless of the legal nature of the asserted claim. The mandatory provisions of the Product Liability Act remain unaffected.
To the extent that LithoCollect's liability is excluded or limited according to the above, this also applies to the liability of LithoCollect's bodies and vicarious agents and vicarious agents, especially employees.
The customer is liable for claims such as copyright infringements that can be derived from the data transmitted by him.

§12 Secrecy / Data protection

The contractual partners undertake to treat all information and data transmitted to them by the other contractual partner when executing the contract as confidential.
The contractual partners will observe the applicable data protection regulations, in particular those applicable in Germany. The employees commissioned to fulfill the contract will be informed of this and obliged to do so.
The customer agrees that personal data necessary for business operations will be stored by LithoCollect and to process orders and provision of the contractual services.
LithoCollect will not pass on or use the data transferred to LithoCollect by the customer outside of the agreed contractual relationship.
The customer is responsible for the data he transmits. If the customer transfers data, applicable data protection regulations and personal rights must be observed.
The customer's data is stored and processed in EU data centers.

§13 Assignment of claims / Invalidity of individual contractual clauses

The customer is entitled to assign or transfer his rights and obligations under the contract with the prior consent of LithoCollect.
Should one of the provisions contained in the General Terms and Conditions be or become ineffective or should there be a gap in them, This does not affect the effectiveness of the remaining provisions. The invalid provision should be replaced by an effective provision, which comes closest to the economic purpose of the invalid provision.
Changes, agreements, additions, assurances or specification of these General Terms and Conditions must be recorded in writing. The text form is sufficient.

§14 Place of performance / Place of jurisdiction / Applicable Law

LithoCollect's registered office is agreed as the place of performance for all mutual services under the contract.
If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, The place of jurisdiction for all disputes is LithoCollect's headquarters, currently Ebersberg. LithoCollect is entitled to assert its own claims at the customer's place of jurisdiction.
These General Terms and Conditions and contracts concluded on their basis are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.