1. General

1.1 The following General Terms and Conditions (GTC) apply to the provision of use of a Software as a Service (SaaS) (hereinafter "Software") by AIRDBASE® GmbH (hereinafter "Provider") exclusively to companies (§ 14 BGB) and legal entities under public law or special public law assets (hereinafter "Customers").

1.2 The Provider's GTC apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Customers shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

2. Subject of the Contract

2.1 The Provider provides its Customers with software for creating and managing Smart IDs via the Internet at www.airdbase.io (hereinafter "Website"). Smart IDs and their QR codes are used for the unique identification of products, fixed assets and items of all kinds.

2.2 The software offers the following main menus: Home, Users, Smart ID, Messenger, Documents, E-Mails, Properties and Settings.

2.3 Subject to complete and unconditional payment of the activation fee and monthly rent in accordance with Article 6, the Provider grants its Customers the right to access the Software and its functions without restriction.

3. Contract Conclusion and Trial Version

3.1 Contracts for the paid use of the Software between the Provider and Customers are concluded exclusively by the Customer signing an order (hereinafter "Order").

3.2 It is possible to book a free version of the Software via the Website (hereinafter "Trial Version"). These trial versions may only be used for non-commercial purposes. They can be deactivated by the Provider at any time without giving reasons.

3.3 Upon conclusion of the contract, the Customer designates an administrator. The administrator is authorized to grant third parties the use of the Software by inviting additional users to use the Software.

4. Scope of Services

4.1 The contractually owed scope of services is based on the content of the Order with regard to the maximum permitted number of users and Smart IDs as well as the storage space provided in the Software.

4.2 The current user documentation ("Manual") is available on the website www.airdbase.io.

4.3 Customers undertake not to use the Software for purposes that glorify violence, are right-wing extremist, pornographic or otherwise ethically or morally reprehensible or unlawful.

5. Technical Requirements; Customer Obligations

5.1 In order to use the Provider's offer, the minimum technical requirements are a standard PC with Internet access and an Internet browser.

5.2 Customers must make backup copies of the data and documents they upload to the Software to mitigate damage and use current antivirus programs.

6. Usage Rights, Remuneration and Payment Terms

6.1 Usage rights, remuneration and payment terms are governed by the Orders.

7. Term and Termination

7.1 Term and termination are governed by the Orders.

7.2 Trial versions can be terminated by the Provider at any time without prior notice.

8. Backups

Within the scope of these GTC, the Provider is entitled to create a sufficient number of backup copies for data backup purposes as well as for purposes that are essential for fulfilling the contractually owed obligation.

9. Support

Support hours are Monday to Friday from 9:00 a.m. to 4:00 p.m. Public holidays in the Federal Republic of Germany are excluded.

10. Liability

10.1 The Provider is liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.

10.2 The Provider is liable – regardless of the legal grounds – for intent and gross negligence within the scope of fault-based liability. In case of simple negligence, the Provider is only liable for damages resulting from injury to life, body or health and for damages resulting from the breach of a material contractual obligation.

10.3 In case of data loss, damages are limited to the costs of restoring the data.

10.5 For free trial versions, the Provider assumes no warranty and the above liability provisions do not apply.

11. Final Provisions

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the Provider and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 The place of performance and jurisdiction is the registered office of the Provider.

Stolpe, June 30, 2023