General Terms and Conditions of PACETEQ GmbH

for the Licensing and Use of Application Software

Date: 20/12/2023

1. Contractual Partners, Scope of Application

The present General Terms and Conditions of PACETEQ GmbH (hereinafter referred to as "GTC") apply to the business relations between PACETEQ GmbH, Birkunger Straße 20, 37327 Leinefelde-Worbis (hereinafter "PACETEQ", "we", “our”, or "us") and the customer (hereinafter referred to individually or together with PACETEQ as "Contracting Parties"), which concern the provision of application software in the field of motorsports and other professional sporting activities and environments (hereinafter referred to as "Software").

• The GTC shall exclusively apply. Differing or opposing terms and conditions are only applicable with the express consent of PACETEQ.
• PACETEQ provides services under these GTC exclusively to entrepreneurs and legal entities under public law. Contracts with consumers are excluded.
• These GTC, together with individually agreed conditions, form the agreement between the Contracting Parties.

2. Subject Matter of the Contract

PACETEQ provides the customer with access to the software, limited to the contract duration. No sale of the software occurs. The customer may use the software in accordance with Sections 6 and 7.

3. Scope of Services, Interface, Data Backup

• The software allows display, evaluation, and storage of data from various sources.
• PACETEQ is not responsible for the legality or accuracy of data imported via external interfaces.
• Data security measures are maintained according to current technological standards.
• Continuous availability of the software cannot be guaranteed.

4. Customization Services by PACETEQ

Additional services such as customization, error rectification, or consulting may be provided based on separate agreements.

5. Conclusion of Contract, Provision, Registration

• The PACETEQ website does not constitute a binding offer.
• The contract is concluded through individual communication; PACETEQ accepts by providing a license key.
• Customer registration requires name, email, password, and multi-factor authentication.
• Accounts are non-transferable.

6. Use and Access to the Software

The customer is granted a simple, geographically unrestricted, non-sublicensable, non-transferable right to use the software, limited to the duration of the contract.

7. Terms of Use for the Software

• The customer must inform users of their rights and obligations.
• Access data must be protected against unauthorized use.
• The customer must ensure suitable protective measures (firewalls, virus scanners, etc.).
• Prohibited uses include data mining, reverse engineering, and unauthorized copying.

8. Prices, Compensation, and Payment Terms

• The customer shall pay the agreed license fee.
• Additional services require separate agreements.
• Invoices are due within 14 days.

9. Third Party Rights

The contracting parties shall promptly notify each other of claims for infringement. Liability lies with the responsible party.

10. Warranty, Limitation Period

• PACETEQ may provide rectification or replacement.
• No warranty applies if misuse, improper environment, or third-party modifications occur.

11. Impediments to Performance

Force majeure and other uncontrollable events may postpone obligations. Both parties must notify each other of such impediments.

12. Confidentiality; Use of Customer Name as Reference

Both parties commit to confidentiality. With consent, PACETEQ may use the customer’s name as a reference for self-promotion.

13. Liability

PACETEQ is liable in cases of intent, gross negligence, injury, product liability, or breach of essential contractual obligations. Liability is otherwise limited.

14. Duration and Termination of Contract

• The contract duration is individually agreed.
• Termination may occur for cause (e.g., misuse, delayed payments).
• Upon termination, customer must cease using the software and delete all copies.

15. Amendment of Terms and Conditions

PACETEQ may update the GTC. Customers will be notified and must consent within 4 weeks. Otherwise, PACETEQ may terminate the contract.

16. Final Provisions

• The contract is governed exclusively by German law.
• Exclusive jurisdiction lies with the registered office of PACETEQ.
• Changes require written or text form.