General terms and conditions

I. General
§ 1 Scope
(1) The following terms and conditions govern the business relationship between you and my SAM UG, Christoph-Weiß-Strasse 11, 90419 Nuremberg, Germany, in the context of the use of the software "my SAM" and other services on our website , unless otherwise expressly agreed in writing between you and us. Any deviating or conflicting terms and conditions will not be accepted by us unless we have expressly agreed to them.
(2) You will be notified of any amendments to these General Terms and Conditions in writing, by fax or by e-mail. If you do not object to the amendments within six weeks of receipt of the notification, the amendments shall be deemed to have been agreed. We will inform you separately of the right to object and the legal consequences of silence in the event of an amendment to the Terms and Conditions.

§2 Proof of your entrepreneurial status
Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB. We may therefore require you to provide us with sufficient proof of your entrepreneurial status prior to the conclusion of the contract, e.g. by providing us with your VAT ID number or other suitable proof. The data required for the proof must be provided by you completely and truthfully.§ 3 Conclusion of a contract, contract language
(1) The presentation of our software and services on our website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). For the use of the Software my SAM beyond the trial period the conclusion of a separate Software as a Service contract is necessary. It is not possible to purchase the software.
(2) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In case of contradictions between the German text and the translation, the German text shall prevail.

§ 4 Terms of Payment, Prohibition of Assignment
(1) We currently offer payment exclusively on account. The invoice amount is to be transferred to the account stated in the invoice within 14 days of the invoice date.
(2) You are only entitled to offset against our claims if your counterclaims are undisputed or legally binding.
(3) A partial or complete transfer of rights from the contract with us to third parties is excluded.

§5 Limitation of Liability
(1) Claims for damages against us are excluded, regardless of the legal grounds, unless we or our legal representatives or vicarious agents have acted with intent or gross negligence. We shall only be liable for slight negligence if one of the essential contractual obligations has been breached by us or our legal representatives or executives or vicarious agents. However, we shall only be liable for foreseeable damage, the occurrence of which must typically be expected. Material contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.
(2) We shall not be liable for the loss of data insofar as the damage is due to your failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
(3) We shall be liable without limitation for damage caused intentionally or negligently by us, our legal representatives or vicarious agents resulting from injury to life, limb or health, as well as in the case of mandatory statutory liability (e.g. under the Product Liability Act).

§6 Applicable law, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) For disputes arising from and in connection with your contractual relationship with us, the exclusive place of jurisdiction shall be Nuremberg.§ 7 Reduction of Validity
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.

II. Free Trial Access
§ 1 Trial Access
You may test our software my SAM free of charge for a period of 14 days. Please note that certain services (such as the sale of assets) cannot be used during the trial access.

§ 2 Blocking and deletion of data
If no Software as a Service contract is concluded between you and us before the end of the free trial access period, we will block your access after the end of the trial period. The data you entered will then be deleted 5 working days after the trial period expires. A recovery of this data is not possible. A separate notice of termination will not be sent.

§ 3 Restriction of data entry
The trial access serves to illustrate and test our software. Therefore, no personal data may be entered or uploaded during the trial access. As far as you want to test corresponding functions with personal reference, we recommend not to use real names.

III. Refurbed Offers
§ 1 Participation in the Refurbed Platform
(1) In order to increase the sustainability aspect in the field of asset management, we are continuously expanding our Refurbed offer as an additional service to our my SAM software. There is no claim to the provision of certain Refurbed offers or functions/services.
(2) In order to be able to sell via the Refurbed platform, you must have previously concluded a Software as a Service contract for the my SAM software in the BASIC, PRO and ENTERPRISE plan. Use within the scope of the free trial access is not possible.
(3) In the permissions you can define whether your created users are allowed to use the Refurbed platform. By default, the use is enabled in the user account. However, you can change this at any time in the settings.

§ 2 Use of the Refurbed Platform
(1) The Refurbed Platform is a marketplace for facilitating the sale of corporate assets. Via the platform, you can offer Assets entered in the my SAM software for sale to commercial buyers.
(2) The Refurbed platform has an integrated, automated messaging system to facilitate communication between you and the buyer, as well as extensive functionality to manage and monitor all ongoing business transactions.
(3) By marking the asset in question as for sale, the contact information about your company as well as the value-forming information about the asset stored in the my SAM software (e.g. type, condition and age) will be published on the marketplace and will then be visible to buyers registered on the Refurbed platform. You can cancel the publication at any time by marking the asset in question as not for sale.

§ 2 Use of the Refurbed Platform
(1) The Refurbed Platform is a marketplace for the facilitated sale of in-house assets. Via the platform, you can offer Assets entered in the my SAM software for sale to commercial buyers.
(2) The Refurbed platform has an integrated, automated messaging system to facilitate communication between you and the buyer, as well as extensive functionality to manage and monitor all ongoing business transactions.
(3) By marking the asset in question as for sale, the contact information about your company as well as the value-forming information about the asset stored in the my SAM software (e.g. type, condition and age) will be published on the marketplace and will then be visible to buyers registered on the Refurbed platform. You may cancel the publication at any time by marking the relevant Asset as not for sale.

§ 3 Conclusion of Contracts via the Refurbed Platform
(1) Buyers have the possibility to submit binding offers on the Assets offered for sale by you. You are free to choose whether and which of the offers received you wish to accept. Unless you reach a different agreement with the buyer, a contract with the buyer is concluded when you accept the buyer's offer.
(2) Actions using the respective login of a user are attributable to the company for which the user account was created. In principle, you are responsible for all declarations of intent made by yourself or by your users on the platform. For declarations made by third parties under the User's account, you are liable to a foreseeable extent according to the principles of a contract with protective effect for third parties.
(3) A contract is concluded exclusively between you and the respective purchaser. We merely provide the platform to establish contact between you and the respective buyer and forward the respective offers and other messages.
(4) You or the buyer are responsible for the content of the offers and other messages. In particular, we do not assume any liability for the correctness of the product details, even if they are generated with the help of the software my SAM.

§ 4 Processing of contracts concluded on the Refurbed platform
(1) The processing of contracts concluded via the Refurbed platform is the sole responsibility of the respective users of the platform. We do not guarantee the fulfillment of contracts concluded via the Refurbed platform, nor do we assume any liability for material defects or defects of title of the traded goods and services. We are under no obligation to ensure the fulfillment of the contracts concluded between you and the respective buyer.
(2) We do not guarantee the true identity and the power of disposal of the users of the Refurbed platform. In case of doubt, both contracting parties are required to inform themselves in an appropriate manner about the true identity as well as the power of disposal of the other contracting party.

§5 Obligations when using the Refurbed platform
(1) Before offering your asset on the Refurbed platform, you are obliged to check the accuracy of the information provided in the offer (especially product details). We do not guarantee the accuracy of the information generated from the software my SAM. We forward the offers and messages without checking their content.
(2) An offer of your asset on the Refurbed platform may not be made if
(a) the information is so incomplete that the object and price cannot be determined;
(b) the sale would violate legal regulations, official orders or morality according to the legal system applicable to the intended contract. In particular, no items may be offered whose offer or sale would violate the rights of third parties; the same applies to pornographic articles or articles harmful to minors, weapons, drugs, propaganda material of anti-constitutional organizations and parties, etc. The user is not permitted to offer or sell any such items on the platform. Furthermore, no live animals may be offered on the platform. We are entitled to remove such an offer from the marketplace immediately.
(2) Goods or services that may only be offered against legally required proof may only be offered and demanded on the marketplace if the proof has been included in the description of the goods or services and the goods or services are only offered against the legally required proof.
(3) You yourself are responsible for compliance with data protection law and other legal obligations. In particular, it is your responsibility as the seller to check whether the asset to be sold contains personal data or data that must be kept secret for other reasons. When ordering data deletion via the Refurbed platform, it remains your responsibility to conclude a corresponding agreement with your contractual partner. In this respect, we as the operator of the platform are not a processor.