.Terms and Conditions

d)

The Customer can adjust the Subscription parameters at any time in the Customer Portal for a fee.

e)

The Customer shall not be entitled to modify, reverse engineer, translate or extract any part of the BC2IP App, without prejudice to any mandatory rights under §§ 69 d, e UrhG.

f)

IOP shall, at its own discretion, provide updates for the BC2IP App and, if expressly included in the ordered BC2IP Service Package, provide support services, the use of which shall also be subject to the provisions of this Section 3.

5. Creation of timestamps

If there is an Internet connection, the BC2IP app is installed correctly and can be accessed via a URL, the Customer can have certain transactions, such as the uploading of documents via a Customer website, certified by means of a timestamp or can enable his clients or other customers to do so. As part of the BC2IP service, the BC2IP app will initiate the creation and linking of a timestamp to the transaction selected for it, if properly operated. Further details of the BC2IP service are available [here].

6. Out of Scope

Within the scope of the Subscription, IOP is in particular not responsible for the

7. BC2IP-Service-Fees

a)

During the term of the Subscription, the Customer shall pay the BC2IP service fees plus value-added tax that can be accessed [here] which consist of a Subscription fee and usage-dependent transaction fees as well as service fees. A legally non-binding cost overview of the Subscription is provided to the Customer in the Customer Portal.

b)

The subscription fee is payable monthly in advance. The transaction fees are settled collectively and are due and payable according to the monthly settlement of the month following the month in which the transactions are executed.

c)

Subsequent adjustments to the subscription parameters also incur BC2IP service fees, which are payable immediately upon adjustment.

d)

The Customer may choose one of the payment methods displayed during the ordering process.

e)

IOP is entitled to suspend the use of the BC2IP Service if Customer has not paid any BC2IP Service Fees or Transaction Fees due. IOP will usually inform the Customer by e-mail before the suspension to give the Customer the opportunity to pay the missing amount immediately.

8. Cooperation duties of the customer

The Customer shall provide the required cooperation services, including in particular:

a)

The Customer shall ensure that the Qualified Computer meets the minimum technical requirements necessary to run the BC2IP App, is connected to the Internet and secured against cyberattacks, and that it regularly verifies that the timestamps ordered via the BC2IP Service have actually been created and linked to the relevant transaction.

b)

Customer shall establish and maintain the URL through which the BC2IP App is accessible on Customer's internal network via Licensed Devices.

c)

The Customer shall take appropriate technical and organizational measures to ensure that unauthorized third parties cannot access the BC2IP app.

d)

In addition, the Customer must ensure that the BC2IP Service is provided to its clients or other customers on the basis of a separate contract (independent of the Subscription). This contract must clearly state that the clients or other customers can only assert claims against the Customer as their contractual partner.

e)

The Customer shall observe the technical requirements and instructions contained in the documentation for the proper use of the BC2IP App and shall provide any resulting cooperation; in particular, the Customer shall regularly check the BC2IP App and the operating system of the qualified computer for updates and download and install them in the event of provision.

9. Liability

a)

IOP is liable within the scope of the Subscription for intent, gross negligence, for injury to body, body or life as well as for claims under the Product Liability Act in accordance with the statutory provisions.

b)

Apart from that, IOP is only liable for the (simple) negligent violation of essential contractual obligations. Contractual obligations are essential if their fulfillment makes the proper execution of the subscription possible in the first place and if the customer regularly relies and may rely on their fulfillment. In these cases the amount of damages is limited to the typical and foreseeable damage.

c)

The Parties clarify that the typical and foreseeable damage per contract year is equal to the amount of BC2IP Service Fees paid in that year.

10. Availability, functionalities and other performance parameters

a)

Customer acknowledges that software generally does not operate without errors. IOP will use its best efforts to make the BC2IP Services, including the BC2IP App, available so that they can be used without significant interruptions or other significant errors. However, IOP does not warrant any particular availability or other functionality or performance parameters.

b)

To the extent that the BC2IP service package ordered by Customer also includes support, IOP shall use its best efforts to correct any errors or to provide other support

c)

Technical data, specifications and performance information in public statements of IOP, in particular advertising, are not contractual components and, in particular, do not constitute quality information or warranty promises.

d)

Within the scope of the subscription, IOP owes the care customary in the industry. Success is not owed.

11. Warranty

a)

Insofar as provisions of the rental agreement apply

(1) IOP's strict liability pursuant to Section 536 a (1) of the German Civil Code (BGB) for any defects in the BC2IP App existing at the time of the conclusion of the contract is excluded; and

(2) Customer is not entitled to claim a rent reduction by deducting the reduction amount from the current BC2IP service fees. Any claim of the Customer under the law of enrichment based on a justified rent reduction shall remain unaffected.

b)

Clause 9 shall remain unaffected. In all other respects, the statutory provisions shall apply.

12. Exemption

c)

IOP shall indemnify the Customer against claims of third parties insofar as they are based on the infringement of property rights of the third party. The obligation to indemnify exists only in the case of claims that have arisen from the contractual use of the BC2IP app and have been legally confirmed by a German court. It is excluded insofar as the claims have arisen from a breach of contractual obligations by the Customer.

d)

Customer shall indemnify IOP against claims of its clients and other customers based on the use of the BC2IP Service.

e)

The Indemnifying Party may require the Indemnified Party to give the Indemnifying Party control over the (legal) dispute. The indemnifying party shall make any statements or other representations to the third party only with the express written consent of the indemnifying party.

13. Duration

a)

The Subscription shall have a term of twelve (12) month per BC2IP Service Package ordered from the date of entering into the Agreement and shall be automatically renewed for another twelve (12) month, unless either party has terminated the Subscription in advance.

b)

The right to terminate for cause remains unaffected.

c)

Cancellation is done via the cancellation button provided in the Customer Portal.

d)

The data generated by the BC2IP service until termination by the Customer can still be used by the Customer after termination.

14. Data protection

If IOP processes personal data of the Customer's employees within the scope of the Subscription, this processing is carried out as the controller within the meaning of the General Data Protection Regulation; no commissioned processing takes place. Further information on the processing of personal data by IOP is available [here].

15. Others

a)

Changes to individual provisions of the Subscription require the electronic consent of both parties.

b)

The right of the Customer to set-off or retention is excluded, unless the asserted claim is undisputed or legally established.

c)

The Subscription is a contract solely between IOP and Customer and is expressly not a contract for the benefit of Customer's clients or other customers (no contract for the benefit of third parties).

d)

The Subscription is governed by German law with the exception of its conflict of law provisions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction is Karlsruhe.

e)

If any provision of the Subscription is or becomes invalid or unenforceable, it shall be replaced by a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision. The remaining provisions of the Subscription shall remain unaffected.

f)

IOP's contact information is available [here].