Terms of Service

Terms of Service of RSJ Software GmbH, Holzstrasse 4, 82110 Germering (hereinafter “RSJ”), governing the licensing and provision of software and services as well as development and consulting work, unless deviating written agreements are made on a case-by-case basis.

1. Scope and contract language

These Terms apply to all contracts, deliveries and services of RSJ with businesses, public authorities and consumers. The version valid at the time of the contract is decisive. Deviating terms of the customer shall not become part of the contract unless RSJ expressly agrees to their application in writing. The contract language is German; English versions are provided for information only.

2. Conclusion of contract

Quotations by RSJ are non-binding unless expressly designated as binding. By ordering via a product website, concluding a subscription or commissioning a project, the customer submits a binding offer. RSJ may accept this offer by order confirmation, provision of access or commencement of the work. Electronic declarations are deemed received when sent to the address specified by the recipient and not immediately reported as undeliverable.

3. Subject matter of the contract

a) Standard software and services. The use of standard software (e.g. LPS NG, RSJ 3D Packer, RSJ PDF Merge Sort & Split, Py2Native, TimestampGIT) is governed by the respective product description, the chosen licence or subscription model and the product-specific terms of use on the respective product website. RSJ grants the customer a simple, non-transferable right of use, unless the licence model provides otherwise.

b) Individual development services. Individual development, integration and consulting services are provided by RSJ as a work-for-hire contract (Werkvertrag) on the basis of a separate specification. The scope of services results exclusively from the written specification. Copyright in software created specifically for the customer remains with RSJ unless transfer or a more extensive right of use is expressly agreed. The customer receives a non-exclusive, perpetual right to use the work results created for it.

4. Customer cooperation

The customer shall provide all information, access rights, data and contacts required for the performance of the services in good time and in full. If the customer delays such cooperation, agreed deadlines shall be postponed appropriately; additional expenses incurred shall be borne by the customer.

5. Prices and payment terms

Unless otherwise agreed, the prices displayed at the time of ordering apply plus statutory VAT. Invoices are payable within 14 days without deduction unless otherwise agreed. For subscription models, invoicing occurs within the period described in the product. If the customer defaults on payment, RSJ may withhold the service until outstanding amounts are settled.

6. Warranty

RSJ warrants that the services provided correspond to the agreed description and are free from third-party rights. In the event of defects, RSJ shall at its option provide rectification by removing the defect or by delivering a defect-free service. If rectification fails, the customer may withdraw from the contract or reduce the remuneration in accordance with the statutory provisions. The warranty period for businesses is 12 months from acceptance or provision, to the extent legally permissible; statutory periods apply for consumers.

7. Liability

RSJ is fully liable for intent and gross negligence, for injury to life, body and health, under the German Product Liability Act and for fraudulently concealed defects. In the case of simple negligence, RSJ is liable only for the breach of material contractual obligations (cardinal obligations), limited to the contract-typical, foreseeable damage; any further liability is excluded. The aforementioned limitations of liability do not apply to claims under the Product Liability Act and to liability for injury to life, body or health. The customer is obliged to protect data by appropriate backup measures; RSJ is liable for loss of data only to the extent that the damage would also have occurred with proper data backup.

8. Term and termination of subscriptions

Unless described otherwise on the product website, subscriptions have an initial term of 12 months and renew automatically for a further 12 months unless terminated with three months’ notice to the end of the term. The right to terminate for cause remains unaffected. After termination of a subscription, the right of use expires; upon request, RSJ will provide the customer with a data export within a reasonable period.

9. Final provisions

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law or a special fund under public law, Munich is the place of jurisdiction for all disputes. For consumers, this jurisdiction clause applies only to the extent permitted by law. Collateral agreements and amendments require written form. Should individual provisions of these Terms be or become ineffective, the effectiveness of the remaining provisions remains unaffected; the legally permissible provision shall apply in place of the ineffective one.

For questions about these Terms, please contact us at info@rsj.de.